IMPORTANT POINT
Appeal against Order dt. 11.08.2017 pending before State Commission; hence, State Commission was justified in imposing condition while allowing the application of Appellants

ORDER

C. Viswanath, Presiding Member.—This Appeal Execution is directed against the interim order of UT Chandigarh State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as “the State Commission) dated 21.05.2020 in EA/23/2020 alongwith MA/145/2020 in CC No.124/2017, whereby the State Commission allowed the M.A. and directed that amount of Rs.13,31,250/- deposited by the Judgment Debtor/Sartaj Cooperative House Building Society alongwith accrued interest be released in favour of Decree Holders, namely Mr. C.L. Singla & Mrs. Darshana Singla in equal share, subject to their furnishing one surety in the amount of Rs.14 Lakhs to the satisfaction of the Secretary of the State Commission.

2. State Commission, vide order dated 11.08.2017 passed in CC/124/20167 directed the Opposite Parties Nos. 1 & 2 jointly and severally as follows: -

1. To refund the amount of Rs.26,62,500/- deposited by the Complainants from the respective dates of deposit with an interest of 12% p.a.;

2. To pay an amount of Rs.2.00 lacs as compensation to the complainants;

3. To pay an amount of Rs.33,000/- as cost of litigation, to the complainants;

within a period of 45 days from the date of receipt of certified copy of the order.

1. In case of non-payment of the amount as specified in para (i) above, within the stipulated time of 45 days, the said amount would attract 15% of interest per annum from the respective dates of deposit and the amounts mentioned at Serial No.(ii) & (iii) shall be payable alongwith 12% p.a. of interest from the date of filing the complaint.”

3. Since the Respondents/Opposite Parties failed to comply with the order dated 11.08.2017, the Complainant/Decree Holder filed Execution Petition No.23/2020. Alongwith the Execution Petition, Decree Holders also filed MA/145/2020, an application for release of an amount of Rs.13,31,250/- deposited by the Judgment Debtors alongwith accrued interest. State Commission, vide interim order dated 21.05.2020 allowed the MA/145/2020 observing as follows: -

“In view of the matter, in view of the order dated 09.01.2020 passed by Hon’ble National Consumer Disputes Redressal Commission, New Delhi, we allow miscellaneous application bearing No.145/2020.

Secretary of this Commission is directed to get the FDR qua the amount deposited by Sartaj Cooperative House Building Society liquidated and release the amount of Rs.13,31,250/- alongwith interest accrued thereupon in the FDR, in favour of the decree holders, namely, Mr. C.L. Singla & Mrs. Darshana Singla, in equal share, subject to their furnishing one surety in the amount of Rs.14 Lakhs to the satisfaction of the Secretary of this Commission and further that in case any adverse order is passed by Hon’ble National Consumer Disputes Redressal Commission, New Delhi in the pending appeal or in future, the decree holders will return the aforesaid amount, failing which, the surety shall be made liable.

The application stands disposed of accordingly.

EA/23/2020

Put up on 22.07.2020 for further proceedings.”

4. Aggrieved by the interim order dated 21.05.2020, Appellants/Decree Holders have filed the instant Appeal.

5. Heard Learned Counsel for the Parties and carefully gone through the record. Learned Counsel for the Appellants/Decree Holders submitted that although State Commission passed the interim order in their favour, but it had erred in imposing the condition for furnishing surety of Rs.14 lakhs by the Appellants.

6. Learned Counsel for the Respondents/Judgment Debtors submitted that the State Commission was justified in imposing the condition for furnishing surety of Rs.14 lakhs by the Appellants, in view of the fact that against the order dated 11.08.2017 passed by the State Commission in CC/124/2017, the Judgment Debtors have filed First Appeal No.1987/2017 before the National Commission and the said Appeal is still pending.

7. Appellants/Decree Holders had filed MA/145/2020 before the State Commission seeking