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INDER JIT SINGH, SADHNA SHANKER
Kamal Mukul Kaushal – Appellant
Versus
BCL Homes Ltd. , Through Its Director and Authorised Signatory – Respondent
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 06.01.201
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.
Settled law that Executing Courts cannot go behind the Decree
(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....
The main legal point established in the judgment is the jurisdiction of the State Commission under the Consumer Protection Act and the power of the High Court under Article 227 of the Constitution of....
No revision petition against the order passed in appeal filed under section 27-A of Act is maintainable before national commission.
Executing Court - The Executing Court did not choose to investigate these allegations or attempt to record any finding of coercion, undue inference or pressure being exercised by the Appellants.
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) Enforcement of final orders of District Forum, State Commission or National Commission – Against an order passed by District Forum in execution petition, appeal shall lie to State Commission unde....
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