Date of Decision : 31.01.2024
Sanjay Kukkar s/o Mathura Dass, R/o Flat No.153, Spangle Heights Dhakoli Zirakpur, presently residing at D-302, Royale Mansions , Peer Muchhalla, (Adjoining Sector 20, Panchkula), Zirakpur, District Mohali (India).
……..DH/complainant
Versus
1. M/s Royal Mansions, Peer Muchhala, (Adjoining Sector 20, Panchkula), Zirakpur, District Mohali (India) through its partner.
2. Sh. Ashok Singla, R/o Kothi No.11, MS Enclave, Near Saint Soldier School Dhakoli (Zirakpur)- present partner M/s Royal Mansions, presently residing at H.No.12A, Panchkula.
3. Sh. Surinder Bansal, R/o H.No.1416, Sector 40B, Chandigarh (Present partner M/s Royal Mansions)
4. Smt. Promila Singla W/o Sh. Ashok Singla, R/o Kothi No.11, MS Enclave, Near Saint Soldier School Dhakoli (Zirakpur)- (Present partner M/s Royal Mansions).
5. Sh. Mohit Aggarwal, R/o H.No.20, Pocket B-8, Sector-19, Rohini, New Delhi (Present Partner M/s Royale Mansions)
6. Sh. Jeevan Garg, R/o H.No.505, Sector 21 Panchkula (Previous Partner M/s Royal Mansions), presently R/o F-201-202, Royale Empire, Peer Muchalla, Zirakpur 14603.
7. Sh. Prince Garg, R/o H.No.505, Sector 21 Panchkula (Previous Partner M/s Royal Mansions), presently R/o F-201-202, Royale Empire, Peer Muchalla, Zirakpur 14603.
……Judgment Debtors
Execution Application under Section 72 of
the Consumer Protection Act, 2019.
Quorum:-
Ms. Kiran Sibal, Presiding Member
1
2
Present:-
For DH : Sh. Parvesh K. Saini, Advocate For JDs No.1 to 4 : Sh. Umang Bansal, proxy for Sh. Parveen Gupta, Advocate with
Sh. Surinder Bansal-JD No.3, on bail Smt. Promila Singla-JD No.4 on bail For JD No.5 : None
For JDs No.6&7 : (Exempted, vide order dated 05.07.2022)
KIRAN SIBAL, PRESIDING MEMBER
Proxy counsel for JDs No.1 to 4 has today deposited an amount of Rs.2,52,756/- with this Commission towards full and final payment.
2. Perusal of file shows that an amount of Rs.2,52,754/- was released to DH, vide order dated 03.08.2023 and today JDs has deposited an amount of Rs.2,52,756/- with this Commission.
3. Learned counsel for DH prays for release of amount of Rs.2,52,756/-, which is deposited by JDs No.1 to 4 today.
4. Registry is directed to release the amount of Rs.2,52,756/- in favour of Dh along with interest accrued, if any.
5. As stated by learned counsel for DH that although he has received full amount, as per the decree dated 23.05.2018, but since the order was passed on 23.05.2018 and JDs are making the payment after delay as such, JDs should also be directed to pay interest @9%.
6. Perusal of impugned order/decree dated 23.05.2018 shows that no interest has been awarded by this Commission and this Court being the Executing Court cannot go beyond the decree.
7. In view of above, the present execution application is disposed of being fully satisfied.
8. Since, the Execution Application has been disposed of, JD No.2- Ashok Singla, JD No.3-Surinder Bansal and JD No.4-Promila Singla are discharged in this case only. Bail bond and surety bond furnished in this case are released. Registry is directed to issue a letter to the concerned authority to remove the lien marked in question, in this case only.
(KIRAN SIBAL)
PRESIDING MEMBER
January 31st, 2024