State Consumer Disputes Redressal Commission
Parmjit Singh vs Greater Mohali Area Development ... on 16 July, 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).
Execution Application No.573 of 2019
In
Consumer Complaint No.318 of 2019
Date of institution : 27.12.2019
Date of Decision : 16.07.2020
Parmjit Singh aged about 58 years S/o Tarsem Dass, R/o H.No.311,
Block-B, 3rd Floor, Wembley's Society, Sector-91, Mohali.
....Decree Holder.
Versus
1.Greater Mohali Area Development Authority, PUDA Bhawan, Sector 62, SAS Nagar, Punjab, through its Chief Administrator.
2. Greater Mohali Area Development Authority, PUDA Bhawan, Sector 62, SAS Nagar, Punjab, through its Estate Officer (IT City), Mohali. E-mail ID: www.gmada.gov.in.
......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.Ranjinder Singh Sidhu, Adv. with Sh.Parmjit Singh, in person For the JDs : Sh.G.S.Arshi, Advocate with Sh.Balbir Singh, Supdt.
JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT :
DH along with his counsel has made the statement, recorded separately, that he has received Letter of Allotment dated 02.03.2020. He has deposited the due amount for the preferential location plot being a corner plot and this area is more than the normal area. He had applied for the No Due Certificate on 05.09.2017 and again on 03.03.2020 and 'No Due Certificate' has been given to him on 10.06.2020. His building plan had been sanctioned on 19.06.2020. The demarcation of the corner plot has been given on 03.07.2020 in view of his application for demarcation E.A.No.573 of 2019 2 dated 22.06.2020. The Conveyance Deed has been executed on 07.07.2020 and it has been registered by the Joint Sub-Registrar on 13.07.2020. He has received only an amount of Rs.12,20,698/- after deduction of TDS amount of Rs.94,538/-. The said compensation is not complete compensation and it is only a part compensation.
On the other hand, Sh.Balbir Singh, Superintendent, Estate Officer, GMADA along with counsel has made the statement, recorded separately, that complainant/Decree Holder was paid sum of Rs.12,20,968/-, vide cheque No.391278 dated 26.06.2020 on 29.06.2020 after deducting TDS amounting to Rs.94,538/-. The demarcation of the plot No.1260, Sector 83-Alpha, IT City, SAS Nagar, Mohali has been given on 03.07.2020 and the Conveyance Deed was executed on 07.07.2020 and the same was got registered before the Sub-Registrar, SAS Mohali on 13.07.2020.
I have heard the learned counsel for the parties and perused the record carefully.
In view of the above statements, recorded separately, the substantial part of the payment has already been paid as per the directions given by this Commission. Only minor dispute remains with regard to the inadequate payment of compensation. Even DH has not filed the calculation duly certified by the Chartered Accountant. This execution application is filed under Section 27 of the CP, Act under which the proceedings are criminal in nature. Hence, present execution application is disposed of. However, if still there is something due against JDs, DH is at liberty to pursue the matter under Section 25 (3) of the CP, Act in accordance with law.
(JUSTICE PARAMJEET SINGH DHALIWAL) PRESIDENT July 16, 2020.
Rupinder 2