State Consumer Disputes Redressal Commission
Sanjiv Kumar Manan vs Ansal Properties & Infrastructure Ltd. on 15 January, 2020
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
CHANDIGARH.
Execution Application No.192 of 2019
In
Consumer Complaint No.107 of 2018
Date of institution : 04.04.2019
Date of Decision : 15.01.2020
1. Sanjiv Kumar Manan, S/o Sh.Prem Kumar Manan, aged 48 years, R/o
# 115-A, Professor Colony, Tilak Nagar, Amritsar, Punjab.
2. Rajiv Kumar Manan, S/o Sh.Prem Kumar Manan, aged 46 years, R/o #
115-A, Professor Colony, Tilak Nagar, Amritsar, Punjab.
.... Decree Holders
Versus
1. Ansal Properties & Infrastructure Limited, having its Regional Office at
SCO 183-184, Sector 9-C, Madhya Marg, Chandigarh through its
Managing Director.
2. Ansal Properties & Infrastructure Limited, having its office at 115, Ansal
Bhawan 16, Kasturba Gandhi Marg, New Delhi 110001 through its
Managing.
...... Judgment Debtors.
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 DHs : Sh.Anirudh Gupta, Advocate For the JDs : Sh.Rajiv K.Bhatia, Advocate JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT M.A.No.131 of 2020(For preponement) This application has been filed by the JDs for preponement of the case.
For the reasons recorded in the application the same is allowed and the case is preponed for today.E.A.No.192 of 2019 2
Main Case
2. Learned counsel for the DHs has made the statement, recorded separately, to the effect that he has received five post-dated cheques, out of which one is of Rs.3,00,000/- and four are of Rs.3,35,000/- each. He withdraws the present execution application, subject to realization of the cheques. He also prayed that liberty may be granted to file fresh execution application in case any of the cheques is dishonoured.
3. In view of the statement of learned counsel for the DHs, the present Execution Application is dismissed as withdrawn with the liberty to file fresh execution application in case any of the cheques is dishonoured. It is also ordered that in case any of the cheques is dishonoured, JDs will be liable to deposit penalty of Rs.50,000/- on account of per dishonor cheque in the Consumer Legal Aid Account of this Commission.
4. Non-bailable/production warrants issued in pursuance of order dated 19.12.2019 for 23.01.2020 are hereby recalled. The Registry is directed to issue letter to the concerned authority for recalling the non- bailable/production warrants.
(JUSTICE PARAMJEET SINGH DHALIWAL) PRESIDENT (RAJINDER KUMAR GOYAL) MEMBER (KIRAN SIBAL) MEMBER January 15, 2020 Rupinder 2