The present execution has been filed by the titled decree-holder/ applicant Sh. Ajay Kumar Mahajan on 20.08.2019 against the titled judgment-debtor/ respondent alleging non-compliance on its part to this commission's final orders of 30.12.2014 in consumer complaint # 166 of 2014 and seeking directives to the JD respondent to issue/ deliver the Registration Certificate of the Sold Vehicle to him along with the statutory action as contemplated under the provisions of the herein  applicable statute.

2.       The DH applicant has reproduced the speaking part of the orders, under execution here-in, as per which the JD/OP were ordered to deliver the R.C. Of the sold Car to the DH/ complainant besides to pay him Rs 3,000/- as compensation and Rs 2,000/- as litigation-charges within 30 days of receipt of the copy of orders otherwise the aggregated awarded amount shall attract interest @ 9% PA from the date of Sale till realization, in full.                                                    

3.       We observe that the JD respondent preferred an appeal against the forum- orders before the honorable Pb State Commission, Chandigarh that was somehow  dismissed vide the State Commission Orders dated 16.10.2015.                        

4.       Further, the DH complainant filed execution # EA # 86/2016 on 03.10.2016 that was somehow withdrawn on 13.10.2017 with permission to file it afresh on locating the correct address of the JD respondent since in the meantime it had closed business at Pathankot as Chevrolet Co. had discontinued its Car-Sales, in India; hence prompted the present 'execution' on 20.08.2019 seeking compliance of Forum's Orders dated 30.12.2014 as the DH applicant had been able to locate the address (at Jammu) of the owner of the closed business, here at Pathankot. The forum, in the interest of justice, admitted the execution petition and issued summons to the J.D. Respondent through its owner of the then closed business.

5.       On 30.04.2021, the J.D. Respondent appeared through his counsel who filed an application seeking adjournment for compliance of the forum's orders and on 03.05.2021 deposited Bank Draft No. 184894 (30.04.2021) for Rs 9,050/- drawn upon J & K Bank being the award principal-amount with awarded interest.

6.       The JD respondent vide its application dated 03.05.2021 has also advised that the Registration of the Vehicles comprising BS-IV Engines have been closed/ discontinued by the Transport Authorities, Punjab.

7.       We observe and both the sides also agree cum concur that the Car/ Vehicle i.e., the Chevrolet Car (Cruze) Model 2012, in question, had comprised the BS-IV (BHARAT STAGE – IV) Engine and the Sale & Registration of which were ordered to be stalled/stopped w.e.f. 01.04.2020 in the whole of India as per the orders dated 24.10.2018 of the honorable Supreme Court in the matter of W.P. ( C ) No. # 13029 of 1985, titled M.C. Mehta Vs. Union of India; that incidentally finds clear reference in Govt. of India, Ministry of Road Transport & Highways Notification No. RT-11036/16/2018/MVL dated 06.03.2020.                                                 

8.       Thus, in the light of the apex court orders, as above, and also the subsequent notification of the G.O.I, we understand that the herein J.D. Respondent shall not be able to pay compliance to this part of the forum orders dated 30.12.2014; thus he stands exempted to comply with this part of the said orders i.e., to arrange issuance and delivery the R.C. of the Sold Car, by virtue of the honorable apex court orders referred to herein above; whereas the JD respondent has paid compliance, in totality, to all other parts/ constituents of the orders, herein under execution.    

9.       Somehow, both the sides, especially DH applicant, have been repeatedly making erratic appearances (through proxy counsels, unwarranted-adjournments) that were however viewed leniently in light of the apex court specific ruling and the continuing COVID-19 pandemic etc.              

10.     We have duly heard the learned counsels representing the two sides on points of law, and have also thoroughly examined the records with requisite care and caution on the points of fact, as placed before us; and also have thoroughly pondered over the entire records, the primary as well as collateral, to the present execution petition and are of the considered opinion that the same stands duly complied with to the feasible extent of its compliance.     

11.     In the light of the all above, we finally dispose off the present execution petition with however no orders as to its costs with liberty to the present applicant/complainant to file fresh execution or avail some other efficacious remedy as per law.

12.      The execution could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

13.      Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.                                                                             

                                                          (Naveen Puri)

                                                                President.

ANNOUNCED:                                (R.S.Sukhija)

NOV. 16, 2022.                                          Member.

YP.