IMPORTANT POINT
Executing Forum cannot go beyond original order. Executing Forum cannot enforce the order passed by compromise, particularly when compromise was at variance with the earlier order passed by consent. Executing Forum cannot provide liberty to file fresh Execution in case the terms of a ‘compromise’, significantly and materially at variance with the final Order, are not complied with or to undertake execution of such ‘compromise’.

Dinesh Singh, Member—Heard learned counsels for both sides. Perused the material on record.

2. The dispute in consumer complaint no. 139 of 2014 was related to execution of sale – deed and delivery of possession of the subject plot.

3. The State Commission had disposed of the said consumer complaint vide its Order dated 18.04.2016:

Order

18.04.2016

Consumer Complaint No. 139 of 2014

In view of the statements of the counsel for the parties, which have been separately recorded, the complaint is allowed and the opposite parties are directed to deliver the possession of fully developed Plot No. 2, situated in Sector 112, S.A.S. Nagar, Mohali, Punjab and to execute the sale deed in respect thereof in favour of the complainant within 15 days of this order. The complainant is allowed Rs.11,000/- as costs of litigation, which is to be paid by the opposite parties within 15 days.

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The above Order dated 18.04.2016 was based on statements dated 18.04.2016 and 18.04.2016 by the learned counsels for the two sides:

Statement

18.04.2016

Consumer Complaint No. 139 of 2014

Statement of Sh. Gautam Bhardwaj, Advocate, Counsel for the complainant

I have heard the statement of the counsel for the opposite parties and the complaint be decided on the basis of that statement directing the opposite parties to deliver the possession of the plot and to execute the sale deed thereof within 15 days.

RO&AC

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Statement

18.04.2016

Consumer Complaint No. 139 of 2014

Statement of Sh. S.K. Attri, Advocate, Counsel for the opposite parties.

The opposite parties have fully developed plot No. 2 in Sector 112, SAS Nagar, Mohali, Punjab and are in position to deliver the possession to the complainant immediately and are also ready to execute the sale deed in favour of the complainant at any time when asked for by him without payment of any further amount as all the amounts payable by the complainant stands already deposited.

RO&AC

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4. The Order dated 18.04.2016 of the State Commission is in the nature of a ‘consent order’, based on the mutual consent of the two sides.

The Order directs for execution of sale-deed and delivery of possession of the subject plot to the complainant.

The Order has not been agitated. It has attained finality within the meaning of section 24 of the Act 1986.

5. Execution was filed by the complainant before the State Commission. The concerned execution application no. 60 of 2016 was disposed of vide the Order dated 03.04.2017:

Execution

03.04.2017

Execution Application No. 60 of 2016 in

Consumer Complaint No. 139 of 2014

Learned counsel for the complainant submits that the compromise has been effected between the parties vide compromise deed Ex. C-X. In view of the statement of the counsel for the complainant/DH, which has been separately recorded, the execution application is dismissed as infructuous with liberty to the applicant to file a fresh execution in accordance with provisions of Consumer Protection Act, 1986 in case terms of compromise are not complied with.

In view of the statement of both the parties, cheque No. 000985 dated 17.03.2017 amounting to Rs.30,00,000/- of HDFC Bank has been handed over to respondent/JD, which was deposited by the respondent/JD on 17.03.2017 with this Commission.

6. The Order dated 03.04.2017 in execution proceedings is based on a ‘compromise deed’ dated 01.04.2017 entered into between the complainant – decree holder and the opposite party – judgment debtor. The execution application was dismissed as infructuous with liberty to the applicant to file a fresh execution in accordance with the provisions of the Consumer Protection Act, 1986 in case the terms of the ‘compromise’ are not complied with.

7. The Order dated 18.04.2016 in the consumer complaint no. 139 of 2014 directs for execution of the sale-deed and delivery of possession of the subj