State Consumer Disputes Redressal Commission
Amritsar Improvement Trust vs Narinder Kaur on 16 January, 2018
FIRST ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.
First Appeal No.688 of 2017
Date of Institution : 04.10.2017
Order reserved on: 12.01.2018
Date of Decision : 16.01.2018
1. Amritsar Improvement Trust, Amritsar, Improvement Trust
Amritsar Office at Ranjit Avenue, Amritsar through its
Chairman.
2. Executive Officer Amritsar Improvement Trust Amritsar
through its Chairman.
.....Appellant/opposite party
Versus
Smt. Narinder Kaur w/o Sh. Kuldip Singh resident of House
No.1841, New State Bank Colony, Race Course Road, Amritsar.
....Respondent/complainant
Appeal under Sec 27-A of C.P Act
1986 against order dated
09.08.2017 passed by the District
Consumer Disputes Redressal
Forum, Amritsar.
Quorum:-
Shri J. S. Klar, Presiding Judicial Member.
Smt. Surinder Pal Kaur, Member Present:-
For the appellant : Sh. B.S. Taunque, Advocate For respondent No.1 : Ms. Harleen Kaur, Advocate ............................................FA 688 of 2017 2
SURINDER PAL KAUR, MEMBER :-
Challenge in this appeal by appellants is to order dated 09.08.2017 of District Consumer Disputes Redressal Forum Amrtisar directing appellants to pay interest amount upto 06.07.2017 within a period of 30 days from date of receipt of copy of order or if any other amount is payable to Decree Holder, as per order of the Forum, that should be paid through this Forum after expiry of 30 days period from the date of receipt of copy of order.
2. We have heard learned counsel for parties and also have examined record of the case. The District Forum Amritsar decided complaint No.799 of 2013 on 17.09.2015 directing OPs to deliver possession of the flat to complainant within one month from date of receipt of copy of the order by ejecting the squatters and further directing them to pay interest @9% p.a. on the amount of Rs.4,64,729/- to complainant from 19.12.2017 till delivery of possession, besides to pay cost of litigation of Rs.2,000/-. Appeal was carried before the State Commission against this order by complainant-Narender Kaur, wherein the appeal was partly allowed modifying the order of District Forum to the extent of making payment of Rs.20,000/- as cost of litigation to appellant/complainant. On 15.07.2016 in FA No.1182 of 2015 decided on 15.07.2016. Execution Application was taken out by DH before District Forum Amritsar to execute order of Appellate FA 688 of 2017 3 Forum in Appeal No.1182 of 2015 decided on 15.07.2016. Executing Forum Amritsar passed the order on 09.08.2017 directing OPs/JDs to pay interest amount upto 06.07.2017 within a period of 30 days from date of receipt of copy of order. If any other amount is payable to decree holder, the DH can enforce it through the Forum. This order has been challenged in this appeal before us by JDs not appellant.
3. We find that order passed in Consumer Complaint No.799 of 2013 decided on 17.09.2015 has merged in the order passed by this Commission in First Appeal No.1182 of 2015 decided on 15.07.2016 between the parties. The order passed by the State Commission (supra) has become final. It is evident from perusal of this order that the Appellate Forum affirmed the award of interest @9% p.a. on the amount deposited by complainant till the date of delivery of possession and further enhanced the cost of litigation to the tune of Rs.20,000/-. The interest @ 9% p.a. on the deposited amount till date of delivery of possession i.e. 06.07.2017 has to be paid by JDs now appellants. Similarly, the amount of cost raised to the tune of Rs.20,000/- without any interest thereupon has to paid. The DH received the possession of the plot on 07.07.2017 and JDs are bound to pay interest thereupon till 06.07.2017. We find no flaw in the order of District Forum on this count with regard to payment of interest till 06.07.2017 by JDs. District Forum observed that DH can enforce the unpaid amount after 30 days from the date of receipt of copy FA 688 of 2017 4 of the order. This part of the order of District Forum is set aside in this appeal by remitting the case to District Forum with the direction to proceed for recovery of the amount of payment of interest till 06.07.2017 as directed by Appellate Court and also the amount of Rs.20,000/- awarded to decree holder from JD in the above order. The District Forum could not have passed the order by ignoring to execute them in the execution proceeding. The case is remanded to District Forum Amritsar to proceed with the matter as above and parties shall appear before District Forum Amritsar as Executing Forum on 08.03.2018. The District Forum Amritsar shall proceed to get recovered the amount of payment of interest till 06.07.2017 and cost of litigation Rs.20,000/- payable to DH in this case. Record complete in all aspects be remitted to District Forum Amritsar by the Registry so as to reach there before the date fixed.
4. Since the order was reserved hence certified copies of order be communicated to the parties, as per rules.
5. The appeal could not be decided within the statutory period due to heavy pendency of court cases.
(J. S. KLAR) PRESIDING JUDICIAL MEMBER (Surinder Pal Kaur) MEMBER January 16, 2018 DB