BEFORE THE GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANAJI-GOA In the matter of Execution Application 01 of 2019 in Consumer Complaint 39 of 2017.

Before: Adv. Mrs. Varsha R. Bale, Officiating President Adv. Ms. Rachna Anna Maria Gonsalves, Member Mr. Sanjay Ganpat Madkaikar, s/o late Ganpat Madkaikar, r/o. A/204, Sonam Palace Chs. Ltd., Phase-I, Golden Next(Old)

Mira Bhayander Road, Meera Road(E), District Thane, 401105, Presently residing at Flat no. DF-1, Karapurkar residency co-op.

Housing Society, Behind PMC Bank, Socorro-Bardez, Goa, 403501. ….Decree Holder V.

Mr. Rajendra Vaman Kudnekar, s/o Mr. Vaman Kudnekar, occupation-Builder/Developer. ….Judgment Debtor-1 Mrs. Sonia Rajan Kudnekar, w/o Mr. Rajan Kudnekar, occupation-Builder/Developer. ….Judgment Debtor-2 both above residents of, House no. A/505, Mesta Bhat, Merces, Tiswadi-Goa.

Adv. Shri. P. R. Sangodkar present for Decree Holder.

Adv. Shri Suresh Pilankar present for Judgment Debtors.

DATE: 14/02/2025 ORDER [Adv. Mrs. Varsha R. Bale, Officiating President]

By this Order we shall dispose off the Application filed by the Decree Holder dated 28/08/2023 u/s 72 of Consumer Protection Act 2019.

1. That the Decree Holder in his Application stated that as per the Order of this Commission dated 03/01/2019, the Decree Holder paid the balance amount of Rs.4,25,000/- to the Judgment Debtor on 22/01/2019 and reported the compliance of the order on his part, to this Commission by Application dated 23/01/2019.

2. Meanwhile, the Judgment Debtor preferred an Appeal before Hon’ble National Commission and the said Appeal was compromised with consent wherein the Decree Holder was asked to pay the maintenance fees of Rs.1,00,000/- to the Judgement Debtor which was duly paid to Judgment Debtor. The Judgment Debtor were directed to deliver possession of the suit flats with occupancy certificate to the Decree Holder and to execute the Sale Deed within 60 days. Moreover the Hon’ble National Commission held that if the Judgment Debtor fails to handover the possession or does not execute the Sale Deed, the State Commission shall undertake execution against the Appellants/builder for enforcement and for penalty as per law. The Decree Holder further stated that inspite of the Order, the Judgment Debtor have not complied their part of obligation and thereby committed wilful disobedience of the Order of Hon’ble National Commission.

3. That the Decree Holder stated that the Judgment Debtor conducted themselves in the most reprehensive manner by showing scant respect to the Order of Hon’ble National Commission and this conduct of disobedience on the part of Judgment Debtor makes Judgment Debtor liable to be dealt with in accordance with the law u/s 72 of CPA 2019 as far as imprisonment is concerned and fine be imposed on Judgment Debtor. The Decree Holder also stated that the Judgment Debtors are liable to be punished with stringent punishment for their intentional and deliberate act of disobedience of the Order of Hon’ble National Commission. The breach committed by Judgment Debtors is so apparent from evidence on record that they are not at all entitled for any leniency from this Commission. The Decree Holder prayed to punish the Judgment Debtors in accordance with the law and grant cost of execution of the Order and the penalty payable by the Judgment Debtor to Decree Holder.

4. That the Judgment Debtor by their reply dated

15/09/2023, objected to allow the said Application and prayed to dismiss the said Application.

5. We have perused the said Application, reply and also heard both the Advocates. Advocate Shri P. R. Sangodkar argued on behalf of Decree Holder and Advocate Shri Suresh Pilarnkar argued on behalf of Judgment Debtors.

6. Advocate for Decree Holder argued that the Judgment Debtor failed to comply with the Order of Hon’ble National Commission and therefore they are liable to be punished for their intentional and deliberate act. Decree Holder faced mental agony and therefore heavy penalt