STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI Execution Application No.EA/19/98 in CC/14/372

1.Devendra Jagdish Jha (Deleted since Deceased)

1A.Nirmala Devendra Jha R/at- Vimla Devi Markande Singh Chawl, Chawl No.1, Room No.2, Poisar, Kajupada, Kandivali (East), Mumbai -400 101.

2. Krishna Mohan Devendra Jha R/at-Vimla Devi Markande Singh Chawl, Chawl No.1, Room No.2, Poisar, Kajupada, Kandivali (East), Mumbai -400 101.

3. Gajanand Devendra Jha R/at-Vimla Devi Markande Singh Chawl, Chawl No.1, Room No.2, Poisar, Kajupada, Kandivali (East), ....... Executants Mumbai -400 101 Versus

1.Mayfair Housing a Partnership Firm Regd. Office at- Mayfair Housing, Mayfair Meridian, Caesar Road, Amboli, Near St.Blaise Road, Andheri West, Mumbai 400 058 And its Site Office at - Mayfair Virar Gardens, Kharodi Naka, Virar Agashe Road, Bolinj, Virar West, Thane-401 303.

………Respondents

2. Mithila Builders & Developers Pvt. Ltd.

Regd. Office at- Brahmadev Regency, 1st Floor, Shop No.2, Opposite to Mcdonald's, Mira Bhayandar Road, Mira Road, East, Thane - 401 107.

3. Nirbhaya Singh Director of Mithila Builders & Developers Pvt. Ltd.

Its Regd. Office at- Brahmadev Regency, 1st Floor, Shop No.2, Opposite to Mcdonald's, Mira Bhayandar Road, Mira Road, East, Thane - 401 107.

4. Deewan Housing Finance Corporation Ltd.

Registered Office at - 2nd Floor, Warden House, Sir P.M. Road, Fort, Mumbai-400 023 And its Branch Office at Corporate Office, Dheeraj Arma, 6th Floor, Bandra (E), Mumbai-400 051.

BEFORE: Justice S.P.Tavade – President Vijay C.Premchandani – Member Applicant in person PRESENT:

Adv.Nagendra Sharma h/f.Adv.Pravin Singh for respondents.

ORAL ORDER (Dt.03/02/2025)

Per Hon’ble Vijay C.Premchandani – Member

1. Perused the application. The said application is filed u/sec.25(3) of the Consumer Protection Act, 1986 for non-compliance of the order dated 17/06/2019 passed in original consumer complaint no.CC/14/372. The applicants have prayed that the respondents have not complied the order. Under section 25(3) of the Consumer Protection Act, 1986, this Commission has already passed an order of attachment and handing over possession of the property to the present applicants. Said order has been complied as per the version of the applicants. However, the decretal amount has not been paid by the respondents to the present applicants. Therefore, for getting the decreetal amount, the present application has been filed.

2. The notice of this application was issued to the respondents, which was duly served. However, the respondents failed to appear in the proceedings and failed to file reply. In view of the affidavit filed by the applicants and the contentions made in the execution application, it is proved that the respondents failed to comply the impugned order passed in original consumer complaint no.CC/14/372.

3. In the matter of Radha Krishnan v/s. Rajinder Kumar (2002) 3 SCC 54, Hon’ble Supreme Court held that the Courts should prioritize the execution of decree and avoid unnecessary delay when issuing Recovery Certificates.

4. It is further held in the matter of P.Venugopal v/s. Union of India (2008) 5 SCC

1 by Hon’ble Supreme Court that the delay in issuing Recovery Certificate should be avoided, and procedural objection should not be used to indefinitely stall the execution of decrees. Therefore, we are inclined to allow the application filed under Order XXI Rule 10 of CPC r/w. Section 25(3) of the Consumer Protection Act, 1986 and pass the following order:-

ORDER

1. The present execution application no.EA/19/98 is allowed.

2. Issue Recovery Certificate against the respondents directing the concerned Collector to recover the decreetal amount mentioned in the original impugned order dated 17/06/2019 passed in consumer complaint no.CC/14/372 from the respondents as per the Land Revenue Code and hand over the recovered amount to the applicant.

3. Liberty is granted to the applicants to furnish the details of the property, if any, to the Collector to assi