Haryana

StateCommission

A/732/2014

Jitender Singh - Complainant(s)

Versus

Rangoli Buildtech Pvt. Ltd - Opp.Party(s)

19 Oct 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                               

                                        First Appeal No.732 of 2014

                                      Date of Institution:19.08.2014

                                      Date of Decision : 19.10.2016

 

Jitender Singh son of Sh. Ram Kishan, R/o village Puthi, Tehsil Gohana, Sonepat.

                                                …Appellant

 

                                      Versus

 

1.      Rangoli Buildtech Pvt. Ltd., 1105, 11^th Floor,  Akashdeep  building Barkhamba road, Cannaught Place, New Delhi-110001, through its Managing Director.

2.      TDI Ltd., 10 Goal Market, New Delhi-110014.

3.      TDI Green Rangoli Buildtech Pvt. Ltd., Regd. Office 8 Rajendra Park, Pusa Road, New Delhi-110001, through its Managing Director.

4.      TDI Green Rangoli Buildtech Pvt. Ltd., Sector-16, Sonepat through its Manager.

                                          …Respondents

 

 

CORAM:   Mr. R.K. Bishnoi, Judicial Member

                   Mrs. Urvashi Agnihotri, Member

 

 

Present:     Mr. Navneet Singh, Advocate for the appellant.

Mr. Rohit Chandel, Advocate counsel for respondent No.1, 3 & 4

Mr. Munish Gupta,  Advocate for the respondent No.2.

 

                                       O R D E R

 

R.K. BISHNOI, JUDICIAL MEMBER

 

          Appellant filed complaint for possession of plot in question on 02.11.2011 which was allowed vide order dated 19.06.2012. Thereafter, he filed execution petition to direct opposite parties (in short ‘OPs’) to deliver possession, but, instead of delivering possession they filed an application to the effect that District Town Planner (D.T.P.) had refused to renew their license and they were not in position to deliver the possession. After hearing both the parties, Learned District Consumer Disputes Redressal Forum, Sonepat (in short ‘District Forum’) passed impugned order dated 18.07.2014 which is as under:-

“Accordingly, the respondent company M/s Rangoli Buildtech Pvt. Ltd. is hereby directed to compensate the complainant to the tune of Rs.75,000/- (Rs. Seventy thousands) for tendering deficient services, for causing unnecessary mental agony, harassment and further to refund the amount of Rs.10,50,000/- to the complainant alongwith interest at the rate of 12% per annum from the date of filing of the complaint till its actual realization.”

2.      Feeling aggrieved, therefrom, complainant has come to this Commission with the plea that executing court cannot go beyond the main order and is supposed to get main order executed.

3.      Arguments heard. File perused.

4.      From the perusal of order dated 19.06.2012, it is clear that OPs were directed to deliver possession. No alternative relief was granted to the complainant, but, instead of executing that order, learned District Forum has directed to pay compensation vide order dated 18.07.2014. It is well settled law that executing court cannot go beyond the main order. Executing court has no jurisdiction to modify the order which has attained finality. These views are fortified by the opinion of Hon’ble National Commission expressed in First Appeal No.742 of 2012 titled as “Kotak Mahindra Bank Ltd. and Anr. Vs. The Jaspal Kaur Sandhu 2016 (1) C.P.R. 252 and in Execution petition No.12 of 2006 titled as M/s Kundan Rice Mills Ltd. Vs. National Insurance Co. Ltd.” decided on 03^rd November, 2006. Resultantly, impugned order dated 18.07.2014 is set aside and appeal is allowed. Learned District Forum should get order dated 19.06.2012 executed.  

5.      Parties are directed to appear before the learned District forum, Sonepat on 30.11.2016. 

 

October 19^th,           Urvashi Agnihotri      R.K. Bishnoi

2016                          Member                       Judicial Member

                                   Addl. Bench                         Addl. Bench