NCDRC

NCDRC

AE/16/2020

M/S. SAMAR ESTATES PVT. LTD. & ANR. - Complainant(s)

Versus

RAJ BALA - Opp.Party(s)

MR. MAHESH B. CHHIBBER

11 Feb 2020

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
APPEAL EXECUTION NO. 16 OF 2020
 
(Against the Order dated 23/01/2020 in Complaint No. 347/2017 of the State Commission Haryana)
1. M/S. SAMAR ESTATES PVT. LTD. & ANR.
THROUGH MR. VINOD BAGAI, S/O. SH. NAND LAL, DIRECTOR/AUTHORISED SIGNATORY, R/O. 87, SECTOR-7, PANCHKULA-134109
HARYANA
2. MR. VINOD BAGAI,
S/O. SH. NAND LAL, DIRECTOR/AUTHORISED SIGNATORY, M/S. SAMAR ESTATES PVT LTD., R/O. 87 SECTOR-7,
PANCHKULA-134109
HARYANA
...........Appellant(s)
Versus 
1. RAJ BALA
W/O. SHRI CHANDAN SINGH, R/O. 133, SECTOR-4,
PANCHKULA-134109
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. PREM NARAIN,PRESIDING MEMBER
 HON'BLE MR. C. VISWANATH,MEMBER

For the Appellant :MR. MAHESH B. CHHIBBER
For the Respondent :

Dated : 11 Feb 2020
ORDER

This appeal execution application has been filed against the order dated 23.01.2020 passed in Execution Application no. 38 of 2019 in Consumer Complaint no.347 of 2017.

       Learned counsel for the appellant states that the process of attachment was not complete, however, the State Commission has further issued warrants in the matter. He requests that directions may be issued to the State Commission for completing the process of attachment first and only if the property is not sufficient then warrant may be issued. We specifically asked the learned counsel whether there is any bar in proceeding under section 27 of the Consumer Protection Act, 1986, if the matter is already proceeding under section 25 of the Consumer Protection Act, 1986, no affirmative reply has been given by the learned counsel.

       In our considered view, if the proceedings are going under section 25 of Consumer Protection Act 1986, there is no bar in proceeding under section 27 of the Consumer Protection Act, 1986 as section 25 relates to recovery of the amount whereas section 27 is for giving punishment for violating the law.

       Therefore, we do not find any irregularity or illegality committed in the order passed by the State Commission warranting our interference. Accordingly, we find no force in the present appeal execution no.16 of 2020, and the same is dismissed.

 
......................
PREM NARAIN
PRESIDING MEMBER
......................
C. VISWANATH
MEMBER

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