Delhi

New Delhi

EA/64/2014

Krishan Pal - Complainant(s)

Versus

M/S. M2K Infrastructure Pvt.Ltd. - Opp.Party(s)

04 Jun 2018

ORDER

 

 

 

                              CONSUMER DISPUTES REDRESSAL FORUM-VI

                                          (DISTT. NEW DELHI),

                          ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                 NEW DELHI-110001

 

 

Ex. No./64/2014                                                                                   Dated:

In the matter of:

Dr. Krishan Pal,

S/o Sh. Balbir Singh,

R/o Village & P.O. Wazirabad,

Mohalla Manohar Marg,

Distt.Gurgaon, Haryana                                                                                                                                                                                                                                                                                                 ….Decree  Holder

 

 

Versus

 

 

M2K Infrastructure Pvt. Ltd.

E-13/29, Harsh Bhawan,

Connaught Circus, New Delhi-110001

Through its Authorised Representative

Vipin Jain.

 

                                                                                           ……. Judgment Debtor

 

 

 

 

 

MEMBER: H.M. VYAS

ORDER

 

An execution has been filed by the D.H. for compliance of the final order dated 13/12/13  by the JD. During the pendency of the present execution the JD made the payment  of an amount of Rs. 08,71,829/- through cheque received by the Ld counsel for the DH on 15/05/14 with the calculations.  The DH also filed the calculations alleging that  JD has not complied with the orders of this Forum and alleged that still certain amount is payable by the JD.  The JD  filed  objections to the same after   payment of amount of Rs. 08,71,829/-  through cheque.

Both the parties on the direction of this Forum filed their respective calculations The Ld. Counsel for DH in its calculation sheet has shown balance amount payable.  The  interest @ 18 % on the amount  since the dates of respective deposits till the realization i.e.  up to the date of receipt of the cheque for Rs. 08,71,829/-  has been calculated by the DH &  then the deduction  of 15 %  from the deposited amount  thereafter.   

 It is argued by the Ld counsel for the DH that the Hon’ble State Commission  vide orders dated 06/06/2016 in  R.P. NO.   46/14   set aside the orders of this Forum and matter was remanded back to this Forum for proceeding further in accordance with Law.  Thus the scope of this execution stands extended and therefore, he is entitled for the amount as calculated   in the light of the  judgment of the Hon’ble National Commission, in the case of Housing Commissioner Karnataka  Vs . K.A. Nagamani   (decided on 07/02/2017) and M/s M2K infrastructure Pvt. Ltd. V/s  Kavinder  Kinha  (decide on 13/07/15).  The calculations have been accordingly  made  and prayed for directions in his favor.

In rebuttal the Ld. Counsel for JD has referred to  the  operative part of the final order dated 13/12/2013 which reads as under:

“ In the circumstances, we hold OP deficient in services and direct it to deduct 15% of BSP from the amount deposited by the complainant and refund the balance with interest @ 9% p.a. from the date of demand letter in 2009 till date of payment and pay compensation of Rs.50,000/- inclusive of litigation charges.  In case, the complainant wants the allotment here, if available, it will be paying balance with interest.

The order shall be complied within 30 days of the receipt of the copy of order; otherwise action can be taken u/s 25/27 of the Consumer Protection Act.”

It is argued on behalf of the JD  that the entire amount in terms of the decree/orders has been paid to the DH as per calculation sheet filed,. The amount paid by the JD to DH is not disputed on behalf of DH.

It is argued by Ld. Counsel for the JD that after the payment of the excretal amount,  this Forum issued on  05/06/2014  issued the warrant/attachment which was challenged by the JD.  The copy of Revision Petition placed on record.  The  Hon’ble State Commission   set aside said order dated 05/06/2014 only and final order dated 13/12/2013 of which the execution is pending continues to remain in force.  It is further argued that the final orders were not challenged by either of the parties and as such have attained finality.  Further, the judgment of the Hon’ble National Commission is not applicable in the facts & circumstances of this execution.

We have given due consideration to the material placed before us and the argument addressed with relevant provisions of law.

The order of this Forum is unambiguous and clear.  In terms thereof, the amount of 15% of BSP is to be deducted from the amount deposited by the complainant/DH and the refund of the balance with 9% p.a. interest from the date of demand letter  in 2009 till the date of payment and the compensation of Rs.50,000/- was awarded..

It is not disputed that the amount of Rs. 08,71,829/-  has been received by the DH as shown in  the calculation sheet filed by the JD. The calculation sheet filed by the JD indicates the deduction and the calculation of interest as per the final  orders  dated 13/12/13.  The calculations given by the DH are not in terms of the final orders passed by this Forum.

We are, therefore, of the considered view that the submissions/argument of Ld. Counsel for DH are at variance to the order dated 13/12/2013 passed by this Forum and are not sustainable.  Since no other issue is raised by either of the parties.  In view of above discussions, we dispose of the execution having been satisfied as the JD  has made the payment to the DH as per the decree/order dated 13/12/13.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required.

Announced in open Forum on 04/06/2018.

The orders be uploaded on www.confonet.nic.in.

File be consigned to record room.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

 

 

                                                                         (H M VYAS)

                                                                    MEMBER