DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Execution Application No.78 of 2010

in

C.C.No.473 of 2002

Date of Institution: 17.12.2010

Date of Decision: 10.10.2011

Charanjit Singh (deceased ) through its Legal representative Karanvir Singh son of Late sh.Charanjit Singh r/o Village Kumbra, Sector 68, Mohali.

--- Applicant-Complainant

Versus

The Chandigarh Housing Board, Sector 9, Chandigarh through its Chairman.

---Respondent/Opposite Party

CORAM:   SH.P.D.GOEL,                     PRESIDENT SH.RAJINDER SINGH GILL,         MEMBER DR.(MRS) MADANJIT KAUR SAHOTA  MEMBER

Argued by: Sh. RamSarup Dhanda, Adv. for Applicant- complainant

           Sh.K.K.Gupta, Cousnel for Respondent-OP. 

                    ---

PER P.D.GOEL, PRESIDENT

        This order will dispose the three execution application bearing Nos.77, 78 and 79, all of 2010 made under Section 25 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) for enforcement of the order dated 22.12.2003 passed by this Forum.

2.       The admitted facts may be noticed thus:-

        That Sh.Avtar Singh filed a consumer complaint for refund of Rs56117/- with interest @ 18%. The complaint was partly allowed and the Chandigarh Housing Board was directed to refund a sum of Rs.56117/- with interest @ 8% p.a. from the date of deposit of the amount and Rs.1000/- as cost of litigation.

2(a).        Aggrieved by this order, the Chandigarh Housing Board filed appeal before the Hon'ble State Commission. The Hon'ble State Commission dismissed the appeal filed by the Chandigarh Housing Board. The Chandigarh Housing Board was directed to refund Rs.23447/-.The direction was also issued to pay interest @ 8% from the date of refund of Rs.32670/-.

2(b).        Aggrieved by he orders of the Hon'ble State Commission, the Chandigarh Housing Board filed a revision petition before the Hon'ble National Commission. The Hon'ble National Commission vide its common order dated 12.07.2007 dismissed the 25 revision petitions filed by the Chandigarh Housing Board with a direction to pay Rs.3500/- as costs.

2(c).        The Chandigarh Housing Board filed 25  Special Leave Petitions in the Hon’ble Supreme Court. The Hon’ble Supreme Court dismissed all the 25 Special Leave Petitions and directed the Chandigarh Housing Board to refund the amount due to the complainant within a period of 3 months from the date of receipt/production of copy of this judgment. Within that period, the Board shall also pay litigation costs of Rs.25000/- to each of the complainants.

2(d).            The complainant was also impleaded as respondent in one of the Special Leave Petitions before the Hon’ble Supreme Court and as such the applicant-complainant made a request to Chandigarh Housing Board to refund the amount of Rs.29,800/- along with interest @ 8% p.a. amounting to Rs.23,980/-, cost awarded by the Hon'ble National Commission of Rs.3500/- and also the costs of Rs.25,000/- awarded by the Hon’ble Supreme Court.

2(e).        The Chandigarh Housing Board paid Rs.29,800/-  on the amount retained on account of interest w.e.f. 01.06.1992 to 18.06.1996 and Rs.24225/- interest accrued upto 31.01.2011 @ 8% p.a. awarded by the Hon'ble State Commission and costs of litigation of Rs.25000/- as awarded by the Hon’ble Supreme Court and in total Rs.79025/- .

3.       We have heard the learned counsel for the parties and have perused the record very carefully.

4.       It is the allegation of the complainant that the Chandigarh Housing Board did not comply with the order of the Hon’ble Supreme Court in letter and spirit as the amount of Rs.3500/- awarded as costs by the Hon'ble National Commission dated 12.07.2007 is still due.

5.       Now the only point for consideration is whether the order passed by the Hon’ble Supreme Court has been complied with. According to the doctrine of “Merger” it is the final judgment which is to be implemented by the respondent- Chandigarh Housing Board. So, we are of the opinion that in the judgment passed by the Hon’ble Supreme Court, the orders passed by the Hon'ble National Commission, Hon'ble State Commission and the District Forum stand merged. As admitted by the applicant-complainant, the Chandigarh Housing Board has already paid the amount of Rs.79025/-, therefore the complainant has no right to ask the respondent- Chandigarh Housing Board to pay the cost of Rs.3500/- as awarded by the Hon'ble National Commission vide its order dated 12.07.2007. The Hon’ble Supreme Court has directed the respondent- Chandigarh Housing Board to refund the amount due to the complainant within a period of 3 months from the date of receipt/production of copy of this judgment. Within that period, the Board shall also pay litigation costs of Rs.25000/- to each of the complainants.

6.       As per the doctrine of “Merger”, there cannot be more than one decree/order governing the same subject matter of dispute at a given point of time. When a decree or order passed by a Court below or judicial Forum was subjected for a remedy available under law before a higher court or judicial Forum and once such higher court or judicial Forum has disposed of the lis before it either way, the decree or order passed by the court Below or the judicial forum below merges into the decree or order of higher Forum. In the present case since the Hon’ble Supreme Court has disposed of the lis, so it is the order/judgment of the Hon’ble Supreme Court which is final. The respondent- Chandigarh Housing Board in compliance of the order passed by the Hon’ble Supreme Court  had refunded the amount of Rs.79025/- to the applicant-complainant though as per the version of the respondent, he was only entitled to refund of Rs.54800/- and was not entitled for interest accrued upto 31.01.2011 @ 8% p.a. awarded by the Hon'ble State Commission.

7.       As a result of the above discussion, it is held that the impugned order stands complied with. Therefore, the execution applications do not survive and as such the same are ordered to be dismissed as fully satisfied.

8.       The certified copies of this order be sent to the parties free of charge. The file be consigned.