Chandigarh

StateCommission

EA/17/2011

Kanwljit Singh Kochhar - Complainant(s)

Versus

Chandigarh Administration - Opp.Party(s)

Sh.Gaurav Bhardwaj, Adv. proxy for Sh. N.P. Sharma, Adv. for DHs/ complainants

30 Jul 2012

ORDER


The State Consumer Disputes Redressal CommissionUnion Territory,Chandigarh ,Plot No 5-B, Sector No 19B,Madhya Marg, Chandigarh-160 019
EXECUTION APPLICATION NO. 17 of 2011
1. Kanwljit Singh Kochharaged about 49 years, s/o Late Shri Kesar Singh R/o House No. 3102, Sector 32-D, Chandigarh UT.2. Smt. Satinder Kauraged about 49 years w/o Shri Kanwaljit Singh Kochar, R/o H.No. 3102, Sector 32-D, Chandigarh UT. ...........Appellant(s)

Vs.
1. Chandigarh Administrationthrough its Chief Administrator, Union Territory, Chandigarh2. The Estate OfficerUnion Territory, Chandigarh3. Municipal Corporationthrough its Commissioner, Union Territory, Chandigarh ...........Respondent(s)


For the Appellant :Sh.Gaurav Bhardwaj, Adv. proxy for Sh. N.P. Sharma, Adv. for DHs/ complainants, Advocate for
For the Respondent :Sh. K.K. Gupta, Adv. for JD 1,2 . None for JD no. 3. , Advocate

Dated : 30 Jul 2012
ORDER

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STATE COMMISSIOIN

Execution Application No.17of 2011

in

Complaint Case No. 20 of 1998

 

Kanwaljit Singh Kochar and Anr.  Vs.  Chandigarh Administration and Ors.

                            

Argued by:  Sh. Gaurav Bhardwaj, Advocate proxy for the Decree Holders/Complainants

              Sh. K.K. Gupta, Advocate for the Judgment     Debtors/respondent No.1 and 2/Opposite Parties No.1 and 2.

None for Judgment Debtor/respondent no.3/Opposite Party No.3.

 

Dated the 30th July, 2012

              The proxy Counsel for the Decree Holders/complainants, has submitted that he does not want to file reply to the miscellaneous application No.70  of 2012, in Execution Application No.17 of 2011, already moved by the Judgment Debtors/respondents No.1 and 2/Opposite Parties No.1 and 2.

2.               Arguments heard.

3.               Vide separate detailed order, of the even date, miscellaneous application No.70 of 2012, filed by the Judgment Debtors/respondents No.1 and 2/Opposite Parties No.1 and 2, is dismissed.

4.               A banker`s cheque in the sum of Rs.37,52,018/-, the amount calculated and mentioned in the order dated 14.02.2012,  of this Commission, has been deposited by the Judgment Debtors/respondents. The said amount has already been ordered to be deposited in the FDR receipt. The Counsel for the Decree Holders/complainants,  further submitted that the interest @18% per annum from 07.02.2012, till date,  has not been deposited by the Judgment Debtors/respondents/ Opposite Parties.

5.               The Counsel for the Judgment Debtors/respondents No.1 and 2/Opposite Parties No.1 and 2, has submitted that the Judgment Debtors,  have already filed a Revision Petition No.2657 of 2012 against the order dated 14.02.2012, on 19.07.2012,  and the date of admission hearing fixed therein is 21.08.2012. He has placed on record, a copy of acknowledgment issued by the dealing Assistant of the National Consumer Disputes Redressal Commission, New Delhi, which is taken on record. He has further submitted that the amount,  aforesaid, be not disbursed to the Decree Holders/complainants, till the decision of the Revision Petition, referred to above.

6.               The amount deposited by the Judgment Debtors/respondents/Opposite Parties, which has already been ordered to be deposited in the FDR, shall not be disbursed to the Decree Holders/Complainants, till the decision of the Revision Petition, referred to above, or subject to any other order, which may be passed by the Hon`ble National Consumer Disputes Redressal Commission, New Delhi.

7.               In view of the above, the execution application is dismissed, as partly satisfied, with liberty to the Decree Holders/complainants, to file a fresh one, subject to the decision of the Revision Petition.

8.               Copy of the order, be supplied to the parties, free-of-charge.

 

                         Sd/-                                       Sd/-

(NEENA SANDHU)

MEMBER

(JUSTICE SHAM SUNDER)

PRESIDENT

 

 

Rg


HON'BLE MRS. NEENA SANDHU, MEMBERHON'BLE MR. JUSTICE SHAM SUNDER, PRESIDENT ,