State Consumer Disputes Redressal Commission
Sumeet Malhotra And Another vs M/S Ansal Properties And ... on 7 January, 2020
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
CHANDIGARH.
Execution Application No.142 of 2019
In
Consumer Complaint No.363 of 2018
Date of institution : 14.03.2019
Date of Decision : 07.01.2020
1.Sumeet Malhtora S/o Sh.Dharamvir Malhotra, R/o F-302, ITC Garden Enclave, Jakhur Plantatiion, Yelakanke Hobli, Banglore, North Banglore, Karnataka-560 064.
2. Rohini Malhotra W/o Sh.Sumeet Malhtora, R/o F-302, ITC Garden Enclave, Jakhur Plantatiion, Yelakanke Hobli, Banglore, North Banglore, Karnataka-560 064.
........ Decree Holders Versus M/s Ansal Properties and Infrastructure Limited, Red. Office:- 115, Ansal Bhawan, 16 K.G. Marg, New Delhi-110 001 through its Chairman/Director/Managing Director/Manager/Authorised Representative.
...... Judgment Debtor.
Execution Application under Section 27 of the Consumer Protection Act, 1986. Quorum:-
Hon'ble Mr. Justice Paramjeet Singh Dhaliwal, President Present:-
For the DHs : Sh.Amandeep Singh, Advocate For the JD : Sh.Rajiv K.Bhatia, Advocate JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT M.A.No.21 of 2020(For preponement) This application has been filed by the JD for preponement of the case.
For the reasons recorded in the application the same is allowed and the case is preponed for today.
Main Case
2. Learned counsel for the DHs has made the statement, recorded separately, to the effect that he has received six post-dated cheques out of which five of Rs.3,10,327/- each and one of Rs.3,10,326/-. He withdraws E.A.No.142 of 2019 2 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. Sh.Arvinder Pal Singh Dhindsa, Authorized Representative of HDFC Ltd. has made the statement, recorded separately, to the effect that he has received seven post-dated cheques out of which six cheques are of Rs.5,75,000/- each and one cheque of Rs.3,53,000/- all drawn on Punjab National Bank from the counsel for the JD.
4. In view of the statement of learned counsel for the DHs, the present Execution Application is dismissed as withdrawn with the liberty to file fresh execution application in case any of the cheques is dishonoured.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 of Rs.5,75,000/- is dishonoured, JD will be liable to deposit penalty of Rs.1 lac per dishonoured cheque and Rs.50,000/- in case cheque of Rs.3,53,000/- in the Consumer Legal Aid Account of this Commission.
5. 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 January 07, 2020 Rupinder 2