IMPORTANT POINTS
(1) Judgment Debtors did not comply with the order of the State Commission and failed to personally appear before the State Commission, except once.
(2) Judgment Debtors repeatedly approached this Commission with Execution Appeals.

ORDER

C. Viswanath, Presiding Member—This Appeal Execution is directed against the order of State Consumer Disputes Redressal Commission, Punjab (hereinafter referred to as “the State Commission) dated 20.04.2021 in EA-292/2020, whereby the State Commission issued non-bailable warrants against the Appellants/Judgment Debtors.

2. State Commission, vide order dated 30.03.2020 passed in CC/813/2019 directed the Opposite Parties as follows: -

1. To handover the possession of the flat No.1502, measuring 1285 sq. ft., in addition, complete in all respects along with all the amenities as per the allotment letter, Ext.C-1, subject to the balance sale consideration, without interest and penalty and after obtaining the completion certificate/occupation certified issued by the competent authorities.

2. To pay compensation of Rs.5/- per sq. per month as per clause 40 (g), on the booked built up area from the stipulated date of possession i.e. 05.06.2019 till handing over the possession as per relief (i).

3. To pay Rs.55,000/- as compensation on account of mental agony and harassment as well as litigation expenses.”

3. Since the Opposite Parties failed to comply the order dated 30.03.2020, the Complainant filed Execution Application No.292/2020 before the State Commission. On 27.10.2020, it was made clear that if the order dated 30.10.2020 was not complied, the Judgment Debtors were liable to be tried and punished under Section 72 of the Consumer Protection Act, 2019. Notice was given to put up their defence and plead guilty or not of non-compliance. It was made very clear that in case personal appearance is not made on the next date of hearing, it will be presumed that they have nothing to say in their defence and they would be deemed guilty of non-compliance. In that eventuality appropriate orders would be passed under Section 72 of the Consumer Protection, 2019. Thereafter, the State Commission, vide order dated 21.12.2020, issued bailable warrants against the Opposite Parties/Judgment Debtors. Aggrieved by the order dated 21.12.2020, the Opposite Parties/Judgment Debtors approached this Commission by filing Appeal Execution No.17/2021. This Commission, vide order dated 23.02.2021, stayed the operation of the impugned order dated 21.12.2020, subject to the Judgment Debtors appearing before the State Commission on 24.02.2020 and listed EA/17/2021 on 26.03.2021. On 24.02.2021, the Judgment Debtors appeared before the State Commission, in compliance of the order of this Commission dated 23.02.2021, and the State Commission adjourned the matter for 20.04.2021. On 26.03.2021, the Learned Counsel appearing on behalf of the Judgment Debtors made a statement before this Commission that the purpose for which the Appeal Execution had been filed, no more existed. The Appeal Execution was, therefore, disposed of, vide order dated 26.03.2021 as follows: -

“Learned Counsel for the Appellant states that the Judgment Debtors Shri Bhupendra Singh and Shri Kamal Kishore Gupta appeared before the State Commission on 24.02.2021. He states that the purpose for which this Appeal Execution has been filed, exists no more and stands served. The Appeal Execution No.17 of 2021 is disposed of.

Learned Counsel appearing for the Appellant seeks to file objections before the State Commission to the Execution Appeal. He has the liberty to file any application.”

4. In compliance of the order of this Commission dated 26.03.2021, the State Commission, vide impugned order dated 20.04.2021, permitted the Judgment Debtors to file objections in the Registry before the date fixed in the State Commission. State Commission also noticed that the Opposite Parties/Judgment Debtors had not appeared and issued non-bailable warrants against them. Impugned order dated 20.04.2021 reads as follows: -

“Learned proxy counsel for JDs has placed on record order dated 26.03.2021 of Hon’ble National Commission passed in Appeal Execution No.17 of 2021, wherein following order has b