IMPORTANT POINT
Obvious that Judgment Debtors disobeyed orders passed by the State Commission, undertakings given before the State Commission as well as National Commission, did not even comply with the decree, repeatedly filed Appeal Executions which is abuse of process of law.

ORDER

C. Viswanath, Presiding Member.—This Appeal Execution is directed against the order of Punjab State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as “the State Commission) dated 18.12.2020 in MA/1001/2020 in EA/317/2019 arising out of CC/736/2018, whereby the State Commission dismissed MA/1001/2020, bail application moved by the Judgment Debtors.

2. Along with the Appeal Execution, Appellants have filed IA/2689/2021, an application for condonation of delay. Appellants have not mentioned the number of days of condonation of delay. However, as per computation done by the Registry, there is a delay of 60 days in filing the Appeal Execution. In the interest of justice, application for condonation of delay is allowed and delay condoned.

3. The State Commission in CC/736/2019, vide order dated 20.12.2018 passed directed the Opposite Parties as follows: -

1 .

2. To handover the physical possession of the plot No.338, measuring 250 sq. yards, at Sector 112, SAS Nagar, Mohali by completing it in all respects as agreed and after obtaining the Occupation/Completion Certificate;

3.

It is made clear that if the above said plot is not available with the opposite parties then the complainants be offered another plot of same size at Sector 112, SAS Nagar, Mohali by completing it in all respects as above.

To pay 10% interest per annum on account of delay in handing over the possession as per clause 7 of MOU from 20.06.2012 i.e. committed date of handing over the possession, till handing over the physical possession;

1. To pay a sum of Rs.35,000/- as compensation on account of mental agony and harassment as well as litigation expenses.

In case of failure of compliance of ‘A’ above, the opposite parties No.1 & 2 are directed as under: -

B

i. To refund the total amount of Rs.25,00,000/- paid by the complainants alongwith interest at the rate of 12% per annum from various dates of deposits till realization;

ii. To pay Rs.35,000/- as compensation on account of mental agony and harassment as well as litigation expenses.”

4. Since the Opposite Parties failed to comply with the order dated 20.12.2018, the Complainants/Decree Holders filed Execution Application No.317/2019 before the State Commission. Notice was issued to the Opposite Parties/Judgment Debtors. Opposite Parties/Judgment Debtors appeared before the Executing Court. On 20.01.2020, Judgment Debtors gave an undertaking to make payment in installments and accordingly they were directed to make payment of the decretal amount, including the interest and cost in 5 months in equal fortnightly instalments. The Judgment Debtors failed to make the payment even after expiry of almost one year. The State Commission, therefore, sent Judgment Debtor No.3 Kanwaljit Singh Ahluwalia, Managing Director of M/s RKM Housing Ltd. to jail for non-compliance of the order dated 20.01.2020. On 18.12.2020, MA/1001/2020, an application for bail was filed before the State Commission. The State Commission dismissed the bail application. This has resulted in filing Appeal Execution No.30/2021 before this Commission.

5. Heard the Learned Counsel for the Appellants and carefully perused the record. Learned Counsel for the Appellants submitted that the State Commission failed to consider that the Appellants/Judgment Debtors called the Decree Holders to take possession of the plot but they themselves delayed the matter on one pretext or the other. Judgment Debtor No.3 is in jail since January, 2020 for no fault. The Judgment Debtors have already executed two sale deeds in favour of the Decree Holders. It was submitted that Judgment Debtor No.3 has already complied the decree dated 20.12.2018. However, the State Commission rejected the bail application, which was illegal and arbitrary in nature. It was prayed that order dated 18.12.2020 be set aside and Appeal Execution allowed.

6. Learned Counsel for the Appellants/Judgment Debtors submitted that Judgment Debtor No.3 had