State Consumer Disputes Redressal Commission
Malkiat Singh Sandhu vs Premium Acres Infratech Pvt. Ltd. on 9 November, 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.312 of 2019 in Consumer Complaint No.307 of 2016 Date of institution: 24.05.2019 Date of Decision : 09.11.2020 Malkiat Singh Sandhu S/o Sh. Bachitar Singh, Resident of VPO Patail Nagar, Faridkot Road, Ferozepur, Punjab ....Deecre Holder Versus Premium Acres Infractech Private Ltd., having its Registered Office at B-4/39, Sector-8, Rohini, New Delhi-85 acting through its Authorized Signatory Mr. Amit Jain son of M.R. Jain, under the powers delegated and vested in it by M/s Taneja Developers & infrastructure Limited having its Registered Office at 9, Kasturba Gandhi Marg, New Delhi- 110 001 Second Address Premium Acres Infractech Private Ltd., Villa No.205, Ground Floor, The Courtyard, TDI City, Sector 10, SAS Nagar, Mohali (Punjab), 14307 ......Judgment Debtor 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.Dinesh Kumar Chaudhary, Advocate For the JD : Sh.Parminder Singh, Advocate JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT :
Learned counsel for the Decree Holder has made the statement, recorded separately, to the effect that the matter has been settled between the parties and as per settlement deed dated 3.3.2020, DH had already received the full and final payment through post-dated cheques from the JD. Photocopy of the settlement deed dated 3.3.2020 Execution Application No.312 of 2019 2 is Ex.'CX'. Therefore, he withdraws the present execution application, subject to realization of the cheques. He further states that liberty may be granted to get revived the execution application in case any of cheques is dishonoured and penalty may also be imposed upon the JD in that case.
In view of the statement, the present execution application is dismissed as withdrawn, being fully satisfied. Parties will be bound by the settlement deed dated 3.3.2020 Ex.'CX'. However, liberty is granted to the Decree Holder to get the present execution application revived, if any of the cheques is dishonoured.
It is also ordered that if any of the abovesaid cheque is dishonoured then in addition to the other proceedings, which can be initiated against the JD in accordance with law, JD shall be liable to pay Rs.1,00,000/- as penalty of each dishonoured cheque, to be deposited in the Legal Aid Fund Account of this Commission.
(JUSTICE PARAMJEET SINGH DHALIWAL) PRESIDENT November 09, 2020.
as Execution Application No.312 of 2019 3