STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

Miscellaneous Application No. In EA/100/2021	:	685 of 2022
Date of Institution	:	09.09.2022
Date of Decision	:	30.09.2022

 

 

 

 

 

 

Sohan Marwaha s/o Sh. Murari Lal R/o House No.13, Sector -11, Panchkula.

(now permanently residing at Flat No.102, Gola Building, Anand Vatika, Ciraha, Parikrama Marg, Vrindavan-281121).

……Decree Holder.

Versus

1]     Sahara Credit Cooperative Society Limited through its Secretary/Manager/Director/Authorised Signatory Sahara India Bhawan 1, Kapoorthala Complex, Aliganj, Lucknow - 226024.

        IIND ADDRESS:-

        SCO No.1110-1111, Sector-22B, Chandigarh.

2]     Sahara Prime City Limited through its Director, Sahara India Centre 2, Kapoorthala Complex, Aliganj, Lucknow, UP.

3]     Anil Kumar, Branch Manager-cum-authorised signatory, Sahara India, SCO No.1110-1111, Sector-22B, Chandigarh.

4]     Parshant Verma, Deputy Director, Sahara India Complex, Sahara, C-2, 3 and 4, Sector-11, Noida.

5]     Subrota Roy, Chairman, Sahara India Pariwar, Kapoorthala Complex, Aliganj, Lucknow-226024.

 

 …..Judgment Debtors.

BEFORE:   JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                MRS. PADMA PANDEY, MEMBER

                MR. RAJESH K. ARYA, MEMBER

                MR. PREETINDER SINGH, MEMBER

 

ARGUED BY :-   

 

Sh. Abhineet Taneja, Advocate for the Decree Holder.

Sh. Ammish Goel, Advocate for the Judgment Debtors.

 

PER  RAJESH  K. ARYA, MEMBER

                   Vide this order, we are disposing of miscellaneous application No.685 of 2022 filed by Judgment Debtor(s) (Sahara Credit Cooperative Society Limited) for staying the proceedings of execution application No.100 of 2021 on the ground that the question “Whether Consumer Commission has jurisdiction to try and entertain a consumer complaint, which is filed by the Member against the society” has come up before the Hon’ble High Court of Punjab and Haryana in CWP No.5008 of 2022 titled ‘M/s Saharayan Universal Multipurpose Society Ltd. Vs. State Consumer Disputes Redressal Commission, Punjab and others’ and CWP No.6813 of 2022 titled ‘M/s Saharayan Universal Multipurpose Society Ltd. Vs. State Consumer Disputes Redressal Commission, Union Territory, Chandigarh and others’, which are now listed before Hon’ble High Court for 09.11.2022. It has further been stated that the Hon’ble High Court in the aforesaid two cases, has also granted interim relief vide orders dated 14.03.2022 & 01.04.2022 that till the next date of hearing, no coercive steps shall be taken by the Executing Court in implementation of the impugned award. It has further been stated that in view of order dated 01.04.2022 of Hon’ble High Court passed in CWP No.6813 of 2022, Execution Application bearing No.116 of 2021 titled ‘Ram Kanwar & Ors. Vs. Sahara India Pariwar Pvt. Ltd. & Ors’ was adjourned sine-die by this Commission vide order dated 13.06.2022 to await the final decision from Hon’ble High Court.

2]                Similar prayer has been made by the judgment debtors by moving the present application to adjourn the execution application sine-die to await the final decision from Hon’ble High Court. 

3]                The decree holder contested the application by filing reply wherein it has been stated that the executing Court cannot go beyond the decree passed. It has been stated that there are catena of judgments wherein it has been held that the dispute between the member and the Society is a consumer dispute. It has further been stated that since the matter is  sub-judice before Hon’ble High Court, therefore, the decree holder reserves the right to raise all such pleas before Hon’ble High Court if he is made as a party in the proceedings before Hon’ble High Court. It has further been stated that since the present execution application has arisen out of the compromise decree dated 17.02.2020, Annexure E-2 passed by this Commission, therefore, the orders relied upon by the j

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