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2026 Supreme(Online)(SCDRC) 3198
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI
S. P. Tavade, President, Vijay C. Premchandani, Member
SHRI.KAUSHIK M.SHAH – Appellant
Versus
USHA INDIA LTD.THROUGH ITS MANAGING DIRECTOR SHRI.VINAY RAI – Respondent
EXECUTION APPLICATION NO.EA/24/54 IN CC/19/928
For the Appellants/Petitioners: Nishant Tripathi
For the Respondents: None present
The State Consumer Disputes Redressal Commission is empowered to issue a Recovery Certificate to the Collector under the Maharashtra Land Revenue Code to recover compensation and litigation costs when a party fails to comply with the directions of a consumer complaint order.
Headnote:(A) Execution of Order - Non-compliance with monetary directions - Where a party fails to pay compensation and litigation costs as ordered by the Commission, the execution application is maintainable and a Recovery Certificate may be issued. (Para 4)
(B) Recovery Process - Maharashtra Land Revenue Code - Recovery of amounts due under consumer orders can be executed through the concerned Collector as per the applicable land revenue laws. (Order 1)
Issues: Whether the Recovery Certificate should be issued against the Respondent for failure to pay compensation and litigation costs as per the original order.
| Table of Content |
|---|
| 1. application for execution of a consumer order regarding property possession and monetary payments. (Para 1 , 2 , 3) |
| 2. finding of non-compliance by the respondent leading to the necessity of a recovery certificate. (Para 4) |
| 3. issuance of recovery certificate and directions to the collector for recovery of dues. (Para 5) |
FINAL ORDER
(Dt. 27th April, 2026)
Per: Hon’ble Mr. Vijay C. Premchandani – Member
1. The present Execution application is preferred under Section 25 of Consumer Protection Act, 1986 is amended by way of order dated 30/10/2025. The Applicant is prayed to execute the order passed in original Consumer Complaint no. 928/2019 dated 30/10/2023.
2. The Applicant has prayed that as per the impugned order the Respondent to execute and register Agreement for Sale, hand over the possession with all amenities to the Applicant in respect to Office bearing no. 604, admeasuring area 1293 sq. ft. in the project known as Foundation Towers (formerly known as “Usha Chambers”) situated at Sector 11/20, CBD Belapur, Navi Mumbai. The Applicant has also prayed to issue Recovery Certificate directing the Respondent to pay the amount of Rs.1,00,000/- towards compensation and Rs.20,000/- towards cost of litigation along with interest at the rate of 9% p.a. from 45 days from the date of order as directed by the Commission.
3. The first impugned order has complied, through Court Commissioner, to that effect the Court Commissioner has filed an affidavit. But the remaining part of the order regarding the payment of cost of litigation to the Applicant has not complied by the Respondent.
4. The Respondent failed to appear in the present matter and also failed to comply the impugned order. Therefore, the contentions raised by the Applicant in the present application along with affidavit are proved and it is also proved that the Respondent has failed to comply the directions of payment of cost of litigation and compensation to the present applicant. In view of the prayer made by the applicant for issuance of Recovery Certificate of Rs.1,20,000/- towards cost of litigation along with interest at the rate of 9% p.a. from 45 days from the date of order as directed by the Commission is allowed.
ORDER
1) The present Execution Application is allowed by issuing Recovery Certificate against the Respondents directing the concerned Collector to recover the amount of Rs.1,00,000/- towards compensation and Rs.20,000/- towards cost of litigation along with interest at the rate of 9% p.a. from 45 days from the date of order as directed by this Commission from the Respondent, as per Maharashtra Land Revenue Code.
2) The concerned Collector is also directed to hand over the recovered amount directly to the applicant.
3) Registrar Legal is directed to enclose copy of this order along with copy of the order passed in the original consumer complaint and issue letter to concerned Collector. Humdast is permitted.
4) No order as to costs.
5) Copy of the order be furnished to the parties free of cost.
