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State Consumer Disputes Redressal Commission

Nirmaljit Kaur vs M/S Ansal Properties & Infrastructure ... on 12 December, 2017

                                                2nd Additional Bench


   STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
                PUNJAB, CHANDIGARH.
            Execution Application No.48 of 2016
                           In
             Consumer Complaint No.79 of 2013
                                Date of institution: 09.08.2016
                                Date of Decision : 12.12.2017

Nirmaljeet Kaur W/o Pravinder Singh R/o 183-M, South City, Ludhiana
presently residing at 17, First Floor, HIG Flat (Pink Flats), Rajguru
Nagar, Ludhiana.
                                                 ......DH-Complainant
                                Versus
1)   M/s Ansal Properties & Infrastructure Ltd., 115, Ansal Bhawan,
     16, Kasturba Gandhi Marg, New Delhi-110001 (through its
     Managing Director/Director/Principal Officer) authorized signatory
     Raghunath Sharma.
2)   The Ansal API, 1st Floor, SCO No.183-184, Above British Library,
     Madhya Marg, Sector 9-C, Chandigarh authorized signatory
     Raghunath Sharma
                               ......Judgment Debtors-opposite parties
                          Execution Application under Section 27
                          of the Consumer Protection Act, 1986 as
                          amended by Amendment Act 2002.
Before:-
     Mr.Gurcharan Singh Saran, Presiding Judicial Member

Mr. Rajinder Kumar Goyal, Member Present:-

For the Decree Holder : Sh.Parvinder Singh, Representative For the JDs/OPs : Sh.Gaurav Chopra, Advocate Gurcharan Singh Saran, Presiding Judicial Member Order In response to the order passed by this Commission vide order dated 04.10.2017, the floor tile work has been completed by the JDs in view of the statement given by the counsel for the JDs and photographs placed on the record. So far as the Air conditioning work is concerned, counsel for the JDs undertakes that it will be completed as and when false ceiling work would be completed by the complainant/applicant. As and when after completing his work, he will move an application to the opposite party and within 15 days they will complete the remaining AC work. The previous letter of offer of possession was issued on 28.11.2016 but at the time when this letter was issued complete work in the shop was not done. Therefore, after completion of the work a fresh letter of offer of possession will be issued in favour of the complainant/applicant within a week from the date of this order. So far as the demand of Rs.40,442/-, raised on behalf of M/s Star Facilities Management Limited to be paid by the complainant, it shall not be mentioned in their offer of possession. As and when the complainant takes the possession then as per the agreement to be entered between the maintenance agency and complainant & other shopkeepers he will directly pay the maintenance amount to the agency. In case, there would be any deficiency on the part of the JD the applicant will be at liberty to move an application and execution application can be revived to complete that deficiency.
It is further directed that Bank Account of JDs in HDFC Bank, Sector 8-C, Chandigarh is ordered to be detached.
(GURCHARAN SINGH SARAN) Presiding Judicial Member (RAJINDER KUMAR GOYAL) Member December 12, 2017 parmod