State Consumer Disputes Redressal Commission
Dr. Surendra Jangaluji Kharbade vs Mr. Sikandar Ramzan Khan on 12 December, 2013
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
BEFORE THE HON'BLE STATE CONSUMER DISPUTES
REDRESSAL
COMMISSION, MAHARASHTRA,
MUMBAI
Execution Application No. EA/11/17
1. Dr. Surendra
Jangaluji Kharbade
R/o.B-9 Park View
Apt. Near K.C. Park PO Nagpur.-440 001.
...........Applicant(s)
Versus
1. Mr. Sikandar
Ramzan Khan
Builder &
Developer
Khan Palace, Near Gujrathi Hospital Nasik Road Nasik.
...........Respondent(s)
BEFORE:
HON'ABLE MRS. Usha
S.Thakare PRESIDING MEMBER
HON'ABLE MR. Narendra Kawde MEMBER PRESENT:
None present for complainant/executant.
Opponent-Mr.Sikandar Khan present a/w. his Advocate Mr.Ajay Pawar.
ORAL ORDER Per Mrs.Usha S. Thakare, Honble Presiding Judicial Member None present for the complainant/executant. Opponent-Mr.Sikandar Ramzan Khan present a/w. his Advocate Mr.Ajay Pawar.
2. Present Execution Application is filed by complainant/executant.
Executant/complainant-Dr.Surendra J. Kharbade himself is an Advocate. Execution Application is filed under Section 25 of Consumer Protection Act, 1986. Record shows that complainant/executant is not attending this Commission since 05/02/2013. On last date, he sent one application by Speed Post. Opponent raised an objection for his absence. Today matter is reserved for passing suitable orders. Executant/complainant failed to appear before this Commission without any sufficient reason.
3. Learned Counsel Shri Pawar for opponent urged that opponent has complied the order as per directions. Complainant/executant failed to perform his part as per directions.
Therefore, present opponent has filed Execution Application No.08/2012. Executant/complainant is not attending the Commission.
Learned Counsel Mr.Pawar further urged that due to filing of Execution Application No.08/2012 present executant/complainant is not appearing before this Commission. It is brought to our knowledge that present opponent has handed over flat No.8 on 2nd floor in Tehsin Plaza to the executant/complainant and executant/complainant has again resold said flat. Document to show resale transaction is filed on record. Advocate Mr.Pawar points out that in fact the complainant/executant is bound to pay `2,61,770/- to the present opponent and for said purpose, Execution Application No.08/2012 is filed.
4. It is to be noted here that the orders passed by this Commission in Misc. Appl. No.141/1997 and Misc. Appl. No.217/2000 dated 18/01/2002 were challenged by both the parties. Present complainant/executant-Dr.Surendra Kharbade has filed Revision Petition No.2747/2003 and present opponent-Mr.Sikandar Khan has filed Revision Petition No.2765/2002. Both Revision Petitions were decided by common order dated 18/09/2003 by the Honble National Commission. In the said order, it is observed that As far the relief relating to grant of compensation is concerned, we find that as per direction of the State Commission, Mr.Sikandar Ramzan Khan has not paid that amount of `45,000/- and as per orders of the State Commission it shall carry interest @ 18% p.a. if this payment not been made within 30 days from the receipt of that order dated 13/05/1994. Ostensibly this has not been complied till date.
Hence the Petitioner in RP 2765/2002 Mr.Sikandar Ramzan Khan is directed to work out the payable amount along with cost of `500/- awarded by the State Commission. The amount so worked out then be adjusted against the outstanding amount payable by the complainant to the OP, Mr.Sikandar Ramzn Khan. After completion of this payment, the OP will execute the sale deed within four weeks of payment. It is settled position of law that executing courts cannot go behind the decree.
Against this order, Special Leave Petition preferred by present opponent before the Apex Court was dismissed.
5. We find substance in the arguments advanced by Learned Advocate Mr.Pawar on behalf of opponent. Complainant/executant is absent without sufficient reason. Hence, present Execution Application No.17/2011 is disposed of. Copies of the order be furnished to the parties.
Pronounced Dated 12th December 2013.
[HON'ABLE MRS. Usha S.Thakare] PRESIDING MEMBER [HON'ABLE MR. Narendra Kawde] MEMBER dd.