NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
R.K. Agrawal, President
Shamshul Hoda Khan – Appellant
versus
M/s. IREO Victory Valley Pvt. Ltd. and Anr. – Respondents
Execution Application No.116 of 2019 in CC/2110/2016
Decided on 27.10.2021
Consumer Protection Act, 1986 – Section 19 (Consumer Protection Act, 2019 – Section 24) – Appeal – Execution Application - Alleging Deficiency in Service and Unfair Trade Practice on part of the Judgment Debtors, the Decree Holder/Complainant filed Consumer Complaint with this Commission – Commission directed the Judgment Debtor on 17.01.2019 to deliver possession of the allotted residential unit to the Complainant within 30 days from today, to pay compensation in form of simple interest @ 8% p.a. on the entire amt. which the decree holder had paid to the Judgment Debtor on or before 17.8.2014, pay a sum of Rs.25,000/- as cost of litigation - .Judgment Debtor filed affidavit dt 19.03.2020 clarifying that the amt. of Rs.39,02,940/-payable to the Complainant stated erroneously, did not take into account various other charges such as RWA and Club charges which are payable by the Complainant upon taking possession of the flat - After deducting these charges, actual amt due by way of compensation to the Complainant is Rs.26,66,741/- - Judgment Debtors did not comply with the directions per Order dt. 17.01.2019 - Feeling aggrieved Decree Holder has filed the present Execution Application - Judgment Debtors/ Opp. Parties filed short affidavit and filed proof of payment of Rs.26,66,741/- to the Decree Holder/Complainant, not rebutted by the Decree Holder and is satisfied. (Paras 2, 3, 10 & 14)
Result: Judgment Debtors/Opp. Parties are directed to handover the physical possession of the Apartment Appellant/Decree Holder after removing all the deficiencies, execution application stands disposed of.
ORDER
R.K. Agrawal, President.—The present Execution Application has been filed by Shamshul Hoda Khan, Complainant / Decree Holder against M/s. Ireo Victory Valley Pvt. Ltd. (hereinafter referred to as the Opposite Parties / Judgment Debtors).
2. Brief facts of the case are that Ms. Ghazala Khan daughter of Sh. Shamshul Hoda Khan, booked a residential apartment in a Project situated in Sector-67, Gurgaon being developed by M/s Ireo Victory Valley Pvt. Ltd., (hereinafter referred to as the Judgment Debtor). The Judgment Debtors allotted Apartment No. D(18)802 to the Complainant/Decree Holder. Despite making payment as per demand of the Judgment Debtor, it failed to deliver the possession of the Apartment to the Complainant/Decree Holder within stipulated period. Alleging Deficiency in Service and Unfair Trade Practice on the part of the Judgment Debtors, the Complainant filed Consumer Complaint, being CC No. 2110 / 2016 with this Commission. Vide Order dated 17.01.2019, this Commission allowed the Complaint in following terms:-
“(i) The Opposite Parties shall deliver possession of the allotted residential unit, complete in all respects, to the Complainant within 30 days from today.
(ii) The Opposite Parties shall pay compensation in the form of simple interest @ 8% per annum to the Complainant for the period from 17.8.2014 till 2.4.2018, after excluding therefrom the statutory time fixed for the issuance of the Occupancy Certificate. The compensation as per the Buyers Agreement which the Opposite Parties has already credited in the account of the Complainant while offering possession vide letter dated 2.4.2018, shall be deducted from the amount so calculated.
(iii) The compensation to the Complainant in terms of this order shall be paid on the entire amount which she had paid to the Opposite Parties on or before 17.8.2014.
(iv) The balance amount due from the Complainant in terms of the demand letter dated 2.4.2018 shall be adjusted by the Opposite Parties out of the compensation payable to the Complainant in terms of this order and the balance amount of compensation shall be paid to her within three months from today.
(v) The Opposite Parties shall pay a sum of Rs.25,000/- as cost of litigation to the Complainant.”
3. The Opposite Parties / Judgment Debtors had not complied with the directions given vide Order dated 17.01.2019.Feeling aggrieved the Complainant / Decree Holder has filed the present Execution Application with the following prayer:-
“a) Immediately handover the said flat complete in all respect to the Complainant or her agent/attorney/ with advance notice of 15 days;
b) Issue notice of Possession to the Complainant forthwith;
c) Give compensation @ 8% simple interest on or before 17/08/2014.
d) Give clear calculation sheet as per direction of this Hon’ble court.
e) Pass such other order/orders this Hon’ble court deem fit and proper in the interest of justice.”
4. The Judgment Debtors filed Reply to the Execution Application in which they submitted that vide e-mails dated 16.04.2019 and 22.05.2019 they have offered the possession of the Apartment and asked the Complainant to coordinate for the registration process of conveyance deed, but the Complainant/Decree Holder did not come forward. Vide email dated 11.11.2019, they have also sent statement of calculation showing the balance refundable amount payable to the Complainant/Decree Holder after making the necessary deductions as necessitated in Para 13 of the Order dated 17.01.2019, but the Complainant / Decree Holder did not respond. They further submitted that with reference to clause (c) and (d) of the Prayer in the Execution Application, the Judgment Debtors had filed Review Application before the Hon’ble Supreme Court of India vide Diary Number 24066 of 2019. They have further submitted that they have taken all bonafide steps to comply with the
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.