State Consumer Disputes Redressal Commission
Prem Lata Dhuria vs Ansal Properties & Infrastructure Ltd on 15 January, 2020
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
CHANDIGARH.
Execution Application No.467 of 2019
In
Consumer Complaint No.57 of 2019
Date of institution : 04.09.2019
Date of Decision : 15.01.2020
1. Prem Lata Dhuria W/o Sh.Naresh Kumar Dhuria.
2. Naresh Kumar Dhuria S/o Lahori Ram.
Both residents of H.No.152, Mayur Vihar, Sector-48, Chandigarh
.... Decree Holders
Versus
1. M/s Ansal Properties & Infrastructure Limited, 115, Ansal Bhawan, 16
Kasturba Gandhi Marg, New Delhi-110 001.
2. Managing Director, M/s Ansal Properties & Infrastructure Limited, #
115, Ansal Bhawan, 16, Kasturba Gandhi Marg, New Delhi.
Email: info @ ansalapi.com
...... Judgment Debtors.
Execution Application under Section 27 of the
Consumer Protection Act, 1986.
Quorum:-
Hon'ble Mr. Justice Paramjeet Singh Dhaliwal, President
Mr.Rajinder Kumar Goyal, Member
Mrs.Kiran Sibal, Member Present:-
For the DHs : Sh.Sukhandeep Singh, Advocate with Mrs.Prem Lata Dhuria, DH No.1 For the JDs : Sh.Rajiv K.Bhatia, Advocate JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT M.A.No.133 of 2020(For preponement) This application has been filed by the JDs for preponement of the case.
For the reasons recorded in the application the same is allowed and the case is preponed for today. Main Case
2. DH No.1 along with counsel for the DHs has made the statement, recorded separately, to the effect that she has received one DD E.A.No.467 of 2019 2 No.601570 dated 14.01.2020 of Rs.28,75,389/- and three post-dated cheques out of which one is of Rs.11,23,641/- and two are of Rs.9,58,000/- each. She withdraws the present execution application, subject to realization of the cheques. She also prayed that liberty may be granted to file fresh execution application in case any of the cheques is dishonoured.
3. In view of the statement of DH No.1, the present Execution Application is dismissed as withdrawn with the liberty to file fresh execution application in case any of the cheques is dishonoured. It is also ordered that in case any of the cheques is dishnoured, JDs will be liable to deposit penalty of Rs.1 lac per dishonoured cheque of Rs.9,58,000/- and Rs.2 lac in case of cheque of Rs.11,23,641/- in the Consumer Legal Aid Account of this Commission.
4. Non-bailable/production warrants issued in pursuance of order dated 19.12.2019 for 23.01.2020 are hereby recalled. The Registry is directed to issue letter to the concerned authority for recalling the non- bailable/production warrants.
(JUSTICE PARAMJEET SINGH DHALIWAL) PRESIDENT (RAJINDER KUMAR GOYAL) MEMBER (KIRAN SIBAL) MEMBER January 15, 2020 Rupinder 2