State Consumer Disputes Redressal Commission
Gulshan Kapoor vs M/S Bajwa Developers Ltd. on 5 August, 2020
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
CHANDIGARH.
(Exercising the powers of Judicial Magistrate 1st Class conferred under
Section 27(2) of the Consumer Protection Act, 1986 now Section 72 (2) of the
Consumer Protection Act, 2019).
Execution Application No.584 of 2018
in
Consumer Complaint No.1099 of 2017
Date of institution: 18.12.2018
Date of Decision : 05.08.2020
Gulshan Kapoor S/o Late Sh. Mehar Chand R/o H. No.2698, Sector 22-
C, Chandigarh, U.T.
....Deecre Holder
Versus
1.M/s Bajwa Developers Limited, Regd. Office; Sunny Enclave, Desu Majra, Tehsil Kharar, District Mohali through its Managing Director/ Authorised Representative.
2. Jarnail Singh Bajwa s/o Sh. Bishan Singh, Managing Director, M/s Bajwa Developers Limited, Regd. Office; Sunny Enclave, Desu Majra, Tehsil Kharar, District Mohali ......Judgment Debtors Execution Application under Section 27 of the Consumer Protection Act, 1986.
Quorum:-
Hon'ble Mr. Justice Paramjeet Singh Dhaliwal, President Present:-
For the DH : Sh.Manoj Vashishta, Advocate For the JDs : Sh.Inderpal Singh, Advocate and Sh.Jarnail Singh Bajwa, in police custody JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT :
Case taken up today as per the order dated 04.08.2020 passed in Execution Application No.368 of 2019.
Insp.Sukhbir Singh, SHO, PS Sadar, Kharar along with team, namely, ASI Ashwani Kumar/786/SAS Nagar, HC Gurdeep Singh/1392/SAS Nagar, Ct. Vikramjeet Singh/2057/SAS and Ct. Harsh Sharma/2351/SAS Nagar, has produced Sh.Jarnail Singh Bajwa in custody. Execution Application No.584 of 2018 2
Sh.Inderpal Singh, Advocate has filed power of attorney on behalf of the JDs and handed over DD No. 004170 dated 05.08.2020 of Rs.1 Lac to the learned counsel for the Deecre Holder. He states that the entire deecretal amount has been paid to the Decree Holder.
On the other hand, learned counsel for the DH states that dispute still remains with regard to the compromise/settlement deed dated 26.04.2019 executed between the parties and as per the compromise/settlement deed, due amount has not been paid by the JDs and prays that the JDs be directed to pay the amount as per the compromise/settlement deed.
Since the proceedings under Section 27 of the Consumer Protection Act, 1986 are of criminal in nature, as such, this dispute cannot be decided under Section 27 of the CP Act. However, liberty is granted to the Decree Holder seek remedy under Section 25(3) of the CP Act or before the appropriate Court, if there is any deficiency in the payment of decreetal amount on the part of JDs.
Accordingly, this Execution Application is disposed of. Since this Execution Application has been disposed of, therefore, Sh.Jarnail Singh Bajwa-JD is discharged, in this case only.
(JUSTICE PARAMJEET SINGH DHALIWAL) PRESIDENT August 05, 2020.
as Execution Application No.584 of 2018 3