State Consumer Disputes Redressal Commission
Lalit Azad vs The Cci Industrial Estate And Cluster ... on 29 June, 2021
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
CHANDIGARH.
(Exercising the powers of Judicial Magistrate 1st Class conferred under
Section 72 (2) of the Consumer Protection Act, 2019).
Misc. Application No.693 of 2021
in/and
Execution Application No.31 of 2021
in
Consumer Complaint No.60 of 2020
Date of institution: 02.02.2021
Date of Decision : 29.06.2021
Lalit Azad son of Late Major Amrit Lal, aged 68 years, Plot No.144,
Press Site (Near Colony No.4), Industrial Area-1, Chandigarh
E-mail ID:[email protected] Contact No.98140-11543
....Deecre Holder
Versus
1. The CCI Industrial Estate and Clusters Co-operative Industrial
Society Limited, Registered Office and Industrial Park, Village Behra,
Tehsil Dera Bassi, District SAS Nagar, Mohali, Punjab through its
President/Authorized Signatory.
2. The CCI Industrial Estate and Clusters Co-operative Industrial
Society Limited, having its Administrative Office at #182/60, Industrial
Area, Phase-1, Chandigarh, through its President/Authorized Signatory.
E-mail ID: [email protected]
Contact No.93160-41060, 98141-39346
......Judgment Debtors
Execution Application under Section 72 of
the Consumer Protection Act, 2019.
Quorum:-
Hon'ble Mr. Justice Paramjeet Singh Dhaliwal, President
Mr. Rajinder Kumar Goyal, Member
Mrs. Kiran Sibal, Member.
Present:-
For the DH : Sh.Vishal Bali, Advocate with
Sh. Lalit Azad, DH
For the JDs : Sh.Anish Garg, Advocate with
Sh.Parminder Singh Bhatia, President-JD Society Execution Application No.31 of 2021 2 JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT :
M.A. No.693 of 2021 (For preponment and recall of order dated 22.06.2021) Proceedings have been conducted through Video Conference as well as physically due to pandemic of COVID-19.
This application (M.A. No.693 of 2021) has been filed by the JDs for preponment of the case, recalling the order dated 22.06.2021 as the matter has amicably been settled between the parties.
For the reasons recorded in the application, the same is allowed and the case is preponed to today.
Main Case Decree Holder alongwith his counsel has made the statement, recorded separately, to the effect that the DH has compromised the matter with the JDs as per the compromise deed dated 28.06.2021(Ex.CX) and today received one pay order of Rs.30 Lacs, bearing No.000254 dated 28.06.2021, drawn on The SAS Nagar Central Cooperative Bank Ltd., Dera Bassi and one post-dated cheque bearing No.012244 dated 26.09.2021 for Rs.30 lac drawn on The SAS Nagar Central Cooperative Bank Ltd., Dera Bassi, as full and final settlement amount as per compromise, subject to realization of the post-dated cheque No.012244 dated 26.09.2021. He has further stated that he has also read the statement of Sh.Parminder Singh Bhatia, President JDs-Society and accept the same as correct. In view of the compromise deed Ex.CX, he withdraws the execution application. He seeks liberty to get the execution application revived if the JDs fail to Execution Application No.31 of 2021 3 honour the post-dated cheque on the due date and comply with the terms of the compromise deed (Ex.CX). He also prayed that penalty may be imposed upon the JDs if the cheque is dishonoured. The parties will be bound by the settlement.
On the other hand, Sh.Parminder Singh Bhatia, President of The CCI Industrial Estate and Clusters Co-operative Industrial Society Limited has also made the statement, recorded separately, to the effect that the DH has compromised the matter with the JDs, as per compromise deed dated 28.06.2021(Ex.CX). He undertakes that the said post-dated cheque bearing No.012244 dated 26.09.2021 for Rs.30 lac drawn on The SAS Nagar Central Cooperative Bank Ltd., Dera Bassi shall be honoured on the due date, failing which the DH is at liberty to recover the whole of the amount as per award dated 03.11.2020 from the JDs. Parties will be bound to comply with the terms of the compromise deed dated 28.06.2021 (Ex.CX).
In view of the statements of the parties, the present execution application is dismissed as withdrawn, being satisfied, subject to realization of post-dated cheque No.012244 dated 26.09.2021. However, liberty is granted to the DH to get the present execution application revived in case JDs fail to honour the post-dated cheque on the due date and comply with the terms of the compromise deed (Ex.CX). The parties will be bound by the compromise deed dated 28.06.2021 and their statements.
It is also ordered that if the abovesaid cheque is dishonoured then in addition to the other proceedings, which can be initiated against the JDs in accordance with law, JDs shall be liable to pay Rs.7,00,000/- for Execution Application No.31 of 2021 4 dishonored cheque in the Consumer Legal Aid Account of this Commission for cheating, harassment, misleading this Commission and wasting its time.
In view of the settlement between the parties and dismissal of execution application as withdrawn, Non-Bailable Warrants issued on 23.06.2021, in compliance with the order dated 22.06.2021, are recalled. Intimation in this regard be given to the concerned authorities.
(JUSTICE PARAMJEET SINGH DHALIWAL) PRESIDENT (RAJINDER KUMAR GOYAL) MEMBER (MRS. KIRAN SIBAL) MEMBER June 29, 2021.
as Execution Application No.31 of 2021 5