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STATE
CONSUMER
DISPUTES
REDRESSAL
COMMISSION,
PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.
(Exercising the powers of Judicial Magistrate Ist Class conferred
under Section 27(2) of the Consumer Protection Act, 1986, now
under Section 72 (2) of the Consumer Protection Act, 2019).
Misc. Applications No.2016 & 2022 of 2020
In/and
Execution Application No.397 of 2018
In
Consumer Complaint No.10 of 2013
Date of Institution : 12.09.2018
Date of Decision : 18.12.2020
Paramjit Singh S/o Sh. Prem Singh, H.No.374, Street No.8, Sharifpura,
District Amritsar.
……..Complainant-DH
Versus
1. The Wembley’s Cooperative House Building Society Ltd., Sector-
91, S.A.S. Nagar (Mohali), through its President.
2. Navjeet Singh Aulakh, President, The Wembley’s Cooperative
House Building Society Ltd., Sector-91, S.A.S. Nagar (Mohali).
(deleted vide order dated 05.10.2018)
3. Balraj Singh, Vice President, The Wembley’s Cooperative House
Building Society Ltd., Sector-91, S.A.S. Nagar (Mohali).(deleted
vide order dated 05.10.2018)
……Respondents-JDs
Execution Application under Section 27 of the
Consumer Protection Act, 1986.
Quorum:-
Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President
Mr. Rajinder Kumar Goyal, Member
Mrs. Kiran Sibal, Member.
Present:-
For the DH : Sh. H.S. Bedi, Advocate
For the JD(s) : Sh. Gurmeet Singh, Advocate with
Sh. Navjeet Singh Aulakh, President on bail
Sh. Balraj Singh Kler, Vice President on Bail
EA No.397 of 2018
In
CC No.10 of 2013
2
JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT:
Misc. Application No.2022 of 2020
This application has been filed by JDs No.1 & 2, seeking
permission to place on record the recent photographs, showing alleged
completion of building work at site.
The said photographs relate to the controversy involved in
the Execution Application and are necessary for the just decision of the
same. Hence, the application is allowed and the photographs annexed
therewith are ordered to be taken on record.
Main Case
This Execution Application has been filed by the
complainant/Decree Holder (hereinafter to be referred as “DH”), under
Section 27 of the Consumer Protection Act, 1986 (in short, the Act”),
against
the
opposite
parties/respondents-Judgment
Debtors
(hereinafter to be referred as “JDs”) for non-compliance of the order
dated 22.12.2017 passed by the Hon’ble National Commission in First
Appeal No.11 of 2014, arisen from the order dated 05.12.2013 passed
by this Commission in Consumer Complaint No.10 of 2013.
2.
Brief facts as set out in the original complaint, are that the
complainant/DH was enrolled as Member of JD No.1-Society, by
depositing a sum of ₹10,510/- as admission fee and share money on
19.12.2015. Previously there was one ‘Vasant Vihar House Building
Welfare Society’ and the DH had deposited a sum of ₹5 lac with that
Society. The said amount was accounted in the account of JD No.1-
EA No.397 of 2018
In
CC No.10 of 2013
3
Society on 09.06.2006, as per receipt dated 25.05.2010, wherein it was
stated that the amount had been transferred from the account of one
M.S. Makkar. The price of the flat was fixed as ₹20 lac. The DH had
deposited a total sum of ₹20 lac with JD No.1-Society on various
dates; though there was some dispute about ₹2,01,260/-. Name of the
DH was not included in the seniority list; though the names of persons,
who were earlier members of Vasant Vihar Housing Building Welfare
Society, were included. A demand of ₹1 lac was raised from him for
entering his name in the seniority list. The DH had fulfilled all the terms
and conditions of allotment, but he was not considered for the same.
Alleging deficiency in service on the part of the JDs, the DH had sought
directions to JD No.1 to withdraw the penalty of ₹2,01,260/- and allot a
flat to him out of 62 flats at the cost of ₹20 lac, after dele
