State Consumer Disputes Redressal Commission
Nirmaljit Kaur vs M/S Ansal Properties & Infrastructure ... on 27 January, 2020
2nd Additional Bench
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH.
Misc. Application No.1392 of 2019
In/and
Execution Application No.48 of 2016
In
Consumer Complaint No.79 of 2013
Date of Institution : 17.07.2019
Date of Decision : 27.01.2020
Nirmaljeet Kaur, W/o Sh. Pravinder Singh, R/o H.No.183-M, South
City, Ludhiana, presently residing at 17, First Floor, HIG Flat (Pink
Flats), Rajguru Nagar, Ludhiana, Distt. Ludhiana (Pb).
.....Applicant/Complainant/DH.
Versus
1.M/s. Ansal Properties & Infrastructures Ltd., 115, Ansal Bhawan, 16, Kasturba Gandhi Marg, New Delhi-110001 (through its Managing Director/Director/Principal Officer) authorized signatory, Sh. Raghunath Sharma.
2. The Ansal API, 1st Floor, SCO No.183-184, Above British Library, Madhya Marg, Sector 9-C, authorized signatory, Sh. Raghunath Sharma.
......Opposite Parties/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. Parminder Singh, Advocate For the JDs : Sh. R.K. Bhatia, Advocate.
JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT M.A. No.278 of 2020 (Preponement) This application has been filed by the counsel for the JDs for preponement of hearing of the case. For the reasons stated in the application, the same is allowed.E.A. No.48 of 2016 in C.C. No.79 of 2013 2
Main Case
2. Learned counsel for the applicant/DH has made the statement, recorded separately, which reads as under:-
"I have seen the statement of learned counsel for the JD and I admit it as correct after receiving the written instructions from the Decree Holder through e-mail. Parties will be bound by the statements".
3. Learned counsel for the JDs has made the statement, recorded separately, which reads as under:-
"On instructions, stated that we have reached a compromise for a total amount of Rs.1 crore as full and final payment which is to be paid in a period of 8 months from today after selling the property, in question. Today, JDs are making a payment of Rs.10,00,000/- by way of Demand Draft No.601606 dated 24.01.2020 of Punjab National Bank. If rest of the amount i.e. Rs.90 lacs is not paid within 8 months then the present amount of Rs.10,00,000/- will be forfeited and the Decree Holder will be at liberty to file fresh execution application on the same cause of action".
4. In view of the above statements of the learned counsel for the parties, this execution application is dismissed as withdrawn with a liberty to file fresh execution application if the JDs fail to comply with the aforesaid statement. Parties will be bound by their statements.
(JUSTICE PARAMJEET SINGH DHALIWAL) PRESIDENT (RAJINDER KUMAR GOYAL) MEMBER (KIRAN SIBAL) MEMBER January 27, 2020 SK