IMPORTANT POINTS
(1) A person cannot be allowed to take advantage of his own admitted mistake, that too in a jurisdiction conferred by Legislature for protection of consumers.
(2) Restoration by itself is continuation of very same proceedings which State Commission is empowered under 1986 Act to proceed with.

ORDER

A.P. Sahi, President—This appeal arises out of the order dated 26.11.2020 passed on a Miscellaneous Application ordering restoration of the Enforcement/Execution proceedings seemingly filed under Section 27 of the Consumer Protection Act, 1986 (hereinafter referred to as the 1986 Act) before the SCDRC Rajasthan at Jaipur (hereinafter referred to as the State Commission) in original Consumer Complaint No.110 of 2017.

2. The present appeal has been filed contending that the impugned order could not have been passed for restoring the Execution proceedings that are without jurisdiction, and even otherwise there was no scope for moving such an application under the Deed of Settlement on the strength whereof the entire dispute was compromised on terms spelt out therein and had been finally disposed of.

3. The background and the facts giving rise to this dispute are that the complaint was filed raising grievances regarding deficiency in non-delivery of the two flats purchased by the respondent/complainant in the project ‘My Haveli’, a High Rise Building on the Ajmer Road, Jaipur, developed by the appellant/opposite party. Since the delivery was not made within the stipulated period, the respondent/complainant felt aggrieved and the complaint was filed that was allowed on 13.11.2018 directing refund of the amount of Rs.57,12,170/- along with 18% interest as well as the other payments directed therein. The operative part of the order is extracted hereunder:—

“In view of the above, the complaint is allowed and the complainant is entitled to get Rs.57,12,170/- along with 18% interest from the date of each deposit upon furnishing the No Dues Certificate from the concerned bank. The complainant is further entitled to get Rs.1 Lakh as compensation for mental agony and Rs.50,000/- as cost of proceedings which should be paid to the complainant within one month otherwise it will carry 9% interest from the date of the order.”

4. The respondent/complainant moved an application that was numbered as Miscellaneous Application No.52 of 2018 and according to the appellant/opposite party it was an application under Section 27 of the 1986 Act that provides for penalties on an omission or failure to comply with the order made by the Commissions.

5. While the said application was pending, the appellant/opposite party filed First Appeal No.2236 of 2018 (Unique Affordable Homes Pvt. Ltd. Vs. Pradeep Kumr Shastri) assailing the order passed by the State Commission dated 13.11.2018. An interim order was passed on 25.03.2019 by this Commission staying the operation of the impugned order subject to deposit of the entire decretal amount. The order is reproduced in the Deed quoted below.

6. During the pendency of the said appeal, the parties settled their dispute in certain terms and the Deed of Settlement, which is not disputed between the parties and has been filed on record, is extracted hereunder:—

“Deed of Settlement

The above named complainant and the opposite party jointly most humbly beg to submit that the complainant has filed a complaint before this Hon’ble Commission on 26.09.2017 and this Hon’ble Commission, after hearing both the parties, was pleased to pass an order on Dated 13.11.2018 as below:—

“In view of the above, the complaint is allowed and the complainant is entitled to get Rs.57,12,170/- along with 18% interest from the date of each deposit upon furnishing the No Dues Certificate from the concerned bank. The complainant is further entitled to get Rs.1 Lakh as compensation for mental agony and Rs.50,000/- as cost of proceedings which should be paid to the complainant within one month otherwise it will carry 9% interest from the date of the order.”

In compliance of the order the complainant has already furnished the No Dues Certificate in this Hon’ble Commission.

That Aggrieved by this order, the Opposite party preferred an appeal bearing no FA/2236 of 2018 before the Hon’ble National Commission where in Hon’ble National Commission was