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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
APPEAL EXECUTION NO. 59 OF 2022
 
(Against the Order dated 07/03/2022 in Complaint No. 51/2021 of the State Commission Uttar Pradesh)
1. M/S. KELTECH INFRASTRUCTURE LIMITED
THROUGH ITS DIRECTOR, REGISTERED OFFICE AT: 7, I.P. BUILDING, UGF - 2 & 3, E-109, PANDAV NAGAR, NEAR AKSHARDHAM TEMPLE, NH - 24,
DELHI - 110092
...........Appellant(s)
Versus 
1. MANOJ MEHROTRA & ANR.
S/O LATE A.N. MALHOTRA, R/O 24, HEAD POST OFFICE ROAD,
SITAPUR,
U.P.
2. MRS. BABITA MEHROTRA,
S/O LATE A.N. MALHOTRA, R/O 24, HEAD POST OFFICE ROAD,
SITAPUR,
U.P.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT

For the Appellant :
For the Appellant : Mr. Niraj Kumar Singh, Advocate
ORDER
For the Respondent :

Dated : 05 Aug 2022
ORDER
  1. The present Appeal Execution  under section 73 of the Consumer Protection Act, 2019 (hereinafter referred to as the 2019 Act), has been filed by M/s. Keltech Infrastructure Limited (hereinafter referred to as the Appellant/Judgment Debtor) against the Order dated 07.03.2022 passed in Execution Application No. 51 of 2021 by the State Consumer Disputes Redressal Commission, U.P., Lucknow (hereinafter referred to as State Commission), whereby the Appellant/Judgment Debtor was directed to comply with the directions given vide Order dated 05.01.2022 passed by this Commission in the First Appeal No. 608 / 2021 vide which the Appeal filed by the Judgment Debtor/Appellant was partly allowed and the Order dated 27.07.2021 passed by the State Commission was modified.  The Appellant was also directed to comply with the said directions on or before the next date of hearing, i.e., 18.04.2022, failing which bailable warrants would be issued against the Directors of the Appellant Company.
  2. Brief facts of the case are that upon not delivering the possession of the Flat booked by the Complainants within stipulated period as per terms of the Agreement, a Complaint Case No. 100 / 2019 was filed before the State Commission.  The State Commission after hearing the parties and perusal of the material available on record, vide Order dated 27.07.2021 allowed the Complaint and directed the Appellant Company to refund the deposited amount by the Complainant alongwith interest @12% p.a. within 60 days failing which the interest would become 18% p.a.  The Appellant Company was also directed to pay ₹2 lakh towards compensation alongwith ₹25,000/- as cost of litigation.
  3. Feeling aggrieved, the Appellant/Judgment Debtor filed First Appeal
    No. 608 / 2021 before this Commission, which was partly allowed vide Order dated 05.01.2022 in following terms:-

“(a)    Appellant/Builder will refund the entire amount deposited by the Complainant from the respective dates of deposit till realization alongwith delay compensation of 9% per annum within six weeks’ time.

(b)     In case of delay beyond 6 weeks, the delay compensation will be increased to 12% per annum.

(c)     There will be no compensation towards mental agony.

(d)     Appellant/Builder will pay Rs.25,000/- towards cost of litigation to the Respondent/Complainant.”

  1. The Order dated 05.1.2022 passed by this Commission attained finality as the SLP(C) No. 3821 / 2022 filed by the Judgment Debtor was dismissed by the Hon’ble Supreme Court with a direction to comply with the Order within one month. The Decree Holders/Complainants filed Execution Application No. 51 / 2021 before the State Commission praying for execution of the Order. The State Commission vide Order dated 07.03.2022 directed the Appellant/Judgment Debtor to comply with the directions given vide Order dated 05.01.2022 passed by the National Commission in the First Appeal No. 608 / 2021 on or before the next date of hearing, i.e., 18.04.2022, failing which bailable warrants would be issued against the Directors of the Appellant Company.
  2. Feeling aggrieved by the Order dated 07.03.2022 passed by the State Commission, the Judgment Debtor/Appellant has filed the present

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