ORDER

Dr. Inder Singh, Presiding Member—Appeal Execution has been filed challenging the impugned order of the State Commission in EA/39/2020 in CC/174/2018. Following are the brief facts of the case:

1.1 A Consumer Complaint vide No.CC/174/2018 was filed before the State Commission and was partly accepted vide order dated 10.12.2018 of the State Commission with the following observations/directions:

“(i) To hand over actual physical possession of the unit purchased therein, to the complainant, within a period of 04 months, from the date of receipt of certified copy of this order, complete in all respects, after obtaining necessary occupation and completion certificates from the competent authorities, on receipt of legally due amount from him (complainants).

(ii) To execute and get registered the sale deed, in respect of the unit, in question, in favour of the complainants, within two months, from the date of handing over possession, as indicated in Clause (i) above, or payment of registration and stamp duty charges, by them to the Registering Authorities.

(iii) To pay compensation, by way of interest @9% p.a., on the entire deposited amount, to the complainant, from 06.01.2014 (promised date) to 31.12.2018, within two months, from the date of receipt of a certified copy of this order, failing which, the said amount shall further carry penal interest @ 11% p.a. from the date of default instead of 9% p.a., till realization.

(iv) To pay compensation by way of interest @9% p.a. on the entire deposited amount, w.e.f. 01.01.2019, onwards (per month), till actual delivery of actual physical possession of the unit, by the 10th of the following month, failing which, the same shall also carry penal interest @11% p.a., instead of 9% p.a., from the date of default, till payment is made.

(v) Complaint against Opposite Party No.5 and 6 stands dismissed with no order as to cost, as far as the present complaint is concerned.”

1.2 As the JDs failed to comply with the order passed by the State Commission in CC/174/2018, the Complainant-2 filed EA/39/2023 before the State Commission. Vide order dated 07.03.2024 the said EA/39/2023 was dismissed by the State Commission with the following observations/directions:—

“The instant execution application had been filed by complainant no.2-Kamal Mukul Kaushal only, on the ground that the judgment debtors no.1 to 4 failed to comply with the order dated 10.12.2018 passed by this Commission in consumer complaint bearing no.174 of 2018, whereby they were directed to deliver actual physical possession of the unit in question; to execute sale deed and also to pay compensation, litigation expenses etc.

2. During pendency of this application, the decree holder-Kamal Mukul Kaushal died on 30.01.2019 and as such, his legal heirs i.e. his wife-Shivani Kaushal, daughter-Yastika Kaushal and another daughter-Swastika Kaushal were impleaded as necessary parties as decree holders no.1 to 3.

3. The background facts of this case are that the complainants-Rohit Kaushal and Kamal Mukul Kaushal had filed consumer complaint bearing no.174 of 2018 before this Commission seeking directions to the opposite parties (now judgment debtors no.1 to 4) to deliver possession of the unit bearing no.426, 4th Floor, Tower No.13, purchased by them in their project “Chinar Homes” Village Kishanpura, Zirakpur, Punjab, as they had failed to deliver possession of the same by the committed date i.e. 07.10.2013 despite receiving substantial amount of 34,14,650/-. The said consumer complaint alongwith connected consumer complaints were partly accepted by this Commission vide order dated 10.12.2018 and the judgment debtors no.1 to 4 were directed as under:—

“1. .........To hand over actual physical possession of the unit purchased therein, to the complainants, within a period of 04 months, from the date of receipt of certified copy of this order, complete in all respects, after obtaining necessary occupation and completion certifi