BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM–II, U.T. CHANDIGARH

Criminal Complaint No.70 of 2012

(Consumer Complaint No.785 of 2000)

H.S.Kahlon  Vs.     The Chief Administrator (A.K.Sinha)

                             Punjab Urban Planning & Development Authority                                 (PUDA) & anr.

PRESENT:

Sh.Gaurav Bhardwaj, Counsel for Complainant.

Sh.G.S.Arshi, Counsel for OPs.

Dated the 5^th day of February, 2013

ORDER

1.         This order will dispose of the execution application U/s 27 of C.P.Act,1986, (criminal complaint) moved by complainant praying as under:-

“It is, therefore, respectfully prayed that respondents be directed to comply with the order dated 26.6.2002 and 18.9.2002 and pay interest @ 18% on Rs.48,000/- from 13.1.1996 till actual payment and other directions, if the respondents fail to comply the said award then the proceedings as prescribed in section 27 C.P.Act 1986 be initiated against the respondents in the interest of justice.”

2.         In order to appreciate above said prayer, it is pertinent to mention here that vide order dated 26.06.2002, this Forum directed the OPs as under:-

“To conclude this complaint is partly allowed. The OPs are directed to pay the complainant interest amounting to Rs.28,414/- on the earnest money and adjust this amount of interest w.e.f. 20.10.99 in the balance of the sale price to be paid by the complainant and restructure the subsequent instalments accordingly. They are also directed to pay Rs.20,000/- to the complainant as compensation for escalation in the cost of construction. They are also directed to pay Rs.5,000/- to the complainant as compensation for mental and physical harassment and Rs.1,000/- as costs of litigation.”

3.         Both the parties went in appeal. The Hon’ble State Commission, U.T.Chandigarh, vide its order dated 18.9.2002, modified the order and directed as under:-

“In view of the law laid down by the Hon’ble National Commission in the case of Haryana Urban Development Authority Vs. Darsh Kumar (Supra), both the appeals are disposed of by modifying the impugned order passed by the District Forum-II. The award of a sum of Rs.20,000/- as compensation for escalation in the costs of construction is set aside. The OPs are directed to pay to the complainant Shri H.S.Kahlon interest @ 18% per annum on the earnest money of Rs.48,000/- after a period of two years from the date of deposit of the said amount till payment. The remaining part of the order insofar as direction to pay Rs.5,000/- as compensation for mental and physical harassment and Rs.1,000/- as costs of litigation is upheld. The appeals are disposed of accordingly.”

4.         Admittedly, after passing of the order passed by the Hon’ble State Commission, U.T. Chandigarh, the complainant has received a sum of Rs.1,47,013/- on 23.10.2012 and a sum of Rs.5873/- on 30.10.2012. Thus, the interest @ 18% p.a. on the earnest money of Rs.48,000/-, after a period of two years from the date of deposit, has already been paid in addition to the amount of Rs.5000/- and Rs.1000/- as compensation & costs of litigation. Thus, the order dated 18.9.2002 passed by the Hon’ble State Commission, U.T. Chandigarh, which was upheld by the Hon’ble National Commission and Hon’ble Supreme Court of India has been complied with.

5.         Counsel for complainant has argued vehemently that as per the directions given by this Forum, the installments have not been restructured. To our mind, in view of the order passed by this Forum, the installments were to be restructured only if the interest amounting to Rs.28,414/-  on the earnest money was adjusted against the amount due. As this part of the order has been set aside by the Hon’ble State Commission, U.T. Chandigarh, so installments are not to be restructured. The other part of the order, as mentioned above, has already been complied with. So, this execution application (criminal complaint) is dismissed.

6.         Certified copy of this order be communicated to the parties free of cost. After compliance file be consigned.

            Sd/-                                          Sd/-                                          Sd/-

(JASWINDER SINGH SIDHU)       (LAKSHMAN SHARMA)           (MADHU MUTNEJA)

MEMBER                                  PRESIDENT                                MEMBER

05.02.2013