NCDRC

NCDRC

AE/108/2017

M/S. SHALIMAR ESTATES (P) LTD. & 2 ORS. - Complainant(s)

Versus

SHIVANI GOYAL - Opp.Party(s)

M/S. OFFICE OF S. S. SHAMSHERY

30 Aug 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
APPEAL EXECUTION NO. 108 OF 2017
 
(Against the Order dated 04/02/2016 in Complaint No. 73/2011 of the State Commission Chandigarh)
1. M/S. SHALIMAR ESTATES (P) LTD. & 2 ORS.
COPORATE OFFICE SHALIMAR MEGA MALL, SITE NO. 5, SECTOR 5, PANCHKULA
2. MR. R.K. AGGARWAL
MANAGING DIRECTOR, COPORATE OFFICE SHALIMAR MEGA MALL, SITE NO. 5, SECTOR-5, PANCHKULA
3. MRS. KAMLESH AGGARWAL, DIRECTOR
COPORATE OFFICE SHALIMAR MEGA MALL, SITE NO. 5, SECTOR-5, PANCHKULA HARYANA
...........Appellant(s)
Versus 
1. SHIVANI GOYAL
W/O. SANJAY GOYAL, R/O. HOUSE NO. 81, SECTOR-33,
CHANDIGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Appellant :
Mr. Vikas Malik, Advocate
For the Respondent :
Mr. J. P. S. Ahluwalia, Advocate

Dated : 30 Aug 2017
ORDER

Since the issue raised in all these Appeals is identical, the same are being disposed of by this common order.

Learned Counsel appearing for the Appellants submits that the entire amounts due to be paid by the Appellants to each of the Complainants, in terms of the final orders passed by the State Commission, dated 24.02.2015, 17.07.2015, 19.02.2015, 03.09.2012, 25.01.2011 and 21.11.2014 in Consumer Complaints No.150/2014, 116/2016, 29/2017, 51/2015, 175/2014, 73/2011, 24/2009 and 102 of 2014 have been paid to each of the Complainants in Appeal Execution Nos.84, 85, 106, 107, 108 and 109 of 2017 and the amounts due to the Respondents/Complainants in Appeal Execution Nos.86 and 110

-4-

of 2017 is now being paid to them by means of Demand Drafts No.028150, 380553 and 380554 dated 28.08.2017 in their favour.  He submits that in view of the said payments, the claims of the Complainants in these Appeals stand satisfied and therefore, the orders passed by the State Commission, convicting and sentencing the Appellants be set aside and Appellants, who are stated to be in jail, be directed to be released.

        All the Respondents/Complainants are either present in person or through their Power of Attorney Holder/Counsel.  They state that except for the income tax deducted by the Appellant on the amounts paid to them in terms of the final settlement, the entire amount due to them from the Appellants have been received by the Complainants. 

Learned Counsel appearing for the Applicant states that Certificates for the Tax deducted shall be furnished to the Complainants within four weeks from the date of deposit of the said amount(s).

        In view of the afore-said settlements, the orders dated 21.12.2016, 12.04.2017, 10.02.2016, 20.04.2016, 04.02.2016 09.02.2016 and 10.03.2016 passed by the State Commission in Execution Applications No.115 and 116 2016, 29 of 2017, 51 of 2015, 12 of 2016, 73 of 2011, 60 of 2015 and 3 of 2016 respectively and

 

-5-

orders for arrest of the Managing Director and Director, dated 06.01.2017, 05.05.2017, 15.12.2016 and 30.11.2016 are set aside with

a direction that R. K. Aggarwal, Managing Director and Smt. Kamlesh Aggarwal, Director of the Appellant Company, who are already undergoing sentence awarded to them by the State Commission shall be released forthwith.

        All the Appeals stand disposed of in the above terms with no order as to costs.  Dasti.

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.