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INDER JIT SINGH, SADHNA SHANKER
Manohar Infrastructure & Construction Pvt. Limited – Appellant
Versus
Jorawer Singh Mann – Respondent
ORDER
Dr. Inder Singh, Presiding Member—AE/260/2023 has been filed by the Judgment debtors- (i) M/s Manohar Infrastructure & Construction Pvt. Ltd. (ii) Mr. Tarninder Singh, Director (iii) Mr. Narinderbir Singh, Director against the order dated 07.11.2023 passed by the State Commission, U.T. Chandigarh in EA/48/2023 in CC/926/2016. The brief facts of the case are given below.
2.1 A Consumer Complaint No. CC/926/2016 was filed by Respondent herein before the State Commission and was disposed of vide order dated 08.05.2017 of the State Commission with the following directions:—
“i) To refund the amount Rs.34,30,000/- to the complainant, alongwith interest @13% p.a., from the respective dates of deposits onwards.
ii) To pay compensation, in the sum of Rs.1.25 lacs, for causing mental agony and physical harassment, to the complainant, as also escalation in prices.
iii) To pay cost of litigation, to the tune of Rs.44,000/- to the complainant.”
2.2 Aggrieved by the order dated 08.05.2017, Manohar Infrastructure & Construction Pvt. Ltd. Respondent-1 herein and others filed FA/1800/2017 before this Commission. Vide order dated 20.03.2023, this Commission, while partly allowing the Fir
Appeal Execution – The impugned Order against which the present Appeal Execution has been filed cannot be termed to be an Order passed under Section 17 of the Consumer Protection Act, 1986 at all.
(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 Com....
Settled law that Executing Courts cannot go behind the Decree
Illegal Decree - The Judgment Debtor cannot take the ground before the Executing Court or before National Commission in Appeal Execution that the decree dated 24.05.2018 is illegal.
1) Judgment Debtors/Appellants not mentioned details of the Appeal filed before this Commission against the order dt. 31.03.2021 passed by the State Commission and not mentioned whether order dt 31.0....
Execution of consumer complaint orders can proceed despite pending appeals if no stay is granted, emphasizing compliance with prior orders.
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