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STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

PUNJAB, CHANDIGARH.

Execution Application No.488 of 2019

in

Consumer Complaint No.1015 of 2017

Date of institution : 17.09.2019

Reserved on : 28.11.2025

Date of Decision : 26.12.2025

Jaswant Kaur Dhaliwal W/o Lt. Gen. Jasbir Singh Dhaliwal, R/o H.

No. 8, Sector 63, Phase 9, Mohali, Punjab

….Decree Holder/Complainant

Versus

1. ATS Infrastructure Limited through its MD Regd. Office K-19,

Sector 18, Noida UP 201301

2. ATS Estates Private Limited through its Managing Director,

Barwala Road, Derabassi, Distt. SAS Nagar, Mohali

Email ID : compliances@atsgreen.com

.…JDs/Opposite Parties

Execution Application under Section 27 of

the Consumer Protection Act, 1986.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President

Ms. Simarjot Kaur, Member

Mr. Vishav Kant Garg, Member

1) Whether Reporters of the Newspapers may be

allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No

Present:-

For the DH : Sh. M.S. Ghuman, Advocate

For the JDs : Sh. Sukhandeep Singh, Advocate

(Through VC)

Execution Application No.488 of 2019 2

VISHAV KANT GARG, MEMBER :

The present Execution Application has been filed by the

DH/Complainant (hereinafter referred as ‘DH’) against the JDs/Opposite

Parties (hereinafter referred as ‘JDs’) as the JDs had failed to comply with

the order dated 22.05.2018 passed by this Commission in Consumer

Complaint No. 1015 of 2017.

2. The JDs had challenged the said order dated 22.05.2018

before the Hon’ble National Commission, wherein they had confined their

challenge only with regard to higher rate of interest awarded by this

Commission. The JDs had also suffered a statement before the Hon’ble

National Commission that they were ready to deposit the entire principal

amount of Rs.30 lakh, which could be released to the

Respondent/Complainant. The Hon’ble National Commission vide order

dated 14.10.2019 had directed the JDs to deposit the same with this

Commission and stayed the impugned order. After compliance of the

above said directions by the JDs, the Execution Application was adjourned

sine-die vide order dated 01.11.2021.

3. As the JDs had confined their case before the Hon’ble

National Commission only with regard to interest awarded by this

Commission, therefore, the Hon’ble National Commission vide order dated

16.06.2023 had decided the Appeal filed by the JDs i.e. First Appeal No.

17 of 2019 titled “ATS Infrastructure Limited & Anr. Vs. Jaswant Kaur

Dhaliwal”. The relevant part of the order dated 16.06.2023 of the Hon’ble

National Commission, reads as under:-

“4. We have considered the arguments of the counsel for the parties. The

Supreme Court in “Experion Developers Pvt. Ltd. Vs. Sushma Ashok Shiroor”,

2022 Live Law (SC) 352, has held that interest @ 9% p.a. is just compensation.

5. In view of the judgment of the Supreme Court and in the facts of this

matter we modify the Order of State Commission in respect of interest only. The

appellants shall pay interest at the rate of 9% p.a. It is stated that appellants have

Execution Application No.488 of 2019 3

already paid Rs. 30 lakhs. The balance amount shall be paid within two months

from today. The appeal is disposed of with above modification.”

4. After deciding the Appeal of the JDs by the Hon’ble National

Commission, the proceedings in the Execution Application had been

started and in compliance of the directions passed by this Commission

from time to time, the JDs had paid the part amount upto 24.05.2024.

5. Thereafter, the JDs instead of clearing the whole amount had

filed Misc. Application No. 941 of 2024, seeking abatement of the

proceedings in view of Insolvency proceedings initiated against the

Directors of the Firm, by mentioning that the proceedings before this

Commission barred under Section 96 (1) read with Section 238 of the IB

Code, 2016. However, on perusal of the zimni orders, it is apparent that

vide order dated 11.10.2024, it was admitted by the JDs that they would

giv