State Consumer Disputes Redressal Commission
Vijay Pal Singh vs Preet Land Promoters & Developers on 31 March, 2022
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 U/s 72 (2) of the Consumer Protection Act, 2019).
Execution Application No.417 of 2019
In
Consumer Complaint No.27 of 2019
Date of Institution : 05.08.2019
Date of Decision : 31.03.2022
Vijay Pal Singh aged 50 years son of Kewal Singh r/o H.No.27,
United Housing Society, Sector 68, SAS Nagar, Mohali.
........Decree Holder
Versus
1. Preet Land Promoters and Developers Private Ltd., Site Office
Sector 86, adjacent to Sector 79, SAS Nagar, Mohali through
its Director Charan Singh Saini. (PIP [email protected]).
2. Dastkar Co-operative House Building Society Ltd., through its
Managing Director Charan Singh Saini, Site Office, Sector 86,
Village Nanumajra, SAS Nagar, Mohali.
(PIP [email protected]).
3. Charan Singh Saini, Director, Preet Land Promoters and
Developers Private Ltd., r/o House No.159-B, Sunny Enclave,
Kharar, District SAS Nagar. (PIP [email protected]).
......Judgment Debtors
Execution Application under Section 27
of the Consumer Protection Act, 1986.
Quorum:-
Hon'ble Mrs. Justice Daya Chaudhary, President
Mr. Rajinder Kumar Goyal, Member
Present:-
For the DH : Sh. Munish Bhardwaj, Advocate with Sh. Vijay Pal Singh , in person For JD No.1 : None For JD No.3 : Sh. P.S. Batta, Advocate with Sh. C.S. Saini-JD on interim bail JUSTICE DAYA CHAUDHARY, PRESIDENT :
Learned counsel for JD No.3 has handed over a demand draft No.141861 dated 29.03.2022 of Rs.2,63,000/- to learned counsel for the DH and the same has been duly accepted by him.
Learned counsel for the DH, on instructions from the DH-Vijay Pal Singh, who is present in the Court, submits that wife of the DH is E.A. No.417 of 2019 2 suffering from cancer and more amount is needed to be paid. It has been submitted that remaining amount be paid in two installments. Whereas, learned counsel for JD No.3 submits that since a schedule has been prepared and as per order passed on 24.01.2022, the remaining amount, other than already paid, was to be paid as per schedule. In case, the amount is to be paid atleast three installments be made to pay the total outstanding amount.
Keeping in view the submissions made by learned counsel for both the parties and on instruction from the parties, who are present in the Court, it is in the interest of justice and by keeping in view the peculiar facts and circumstances of the case and especially considering that the wife of DH is suffering from cancer and there is an urgent need of more amount, total outstanding amount is ordered to be paid in three installments. Learned counsel for the JD has undertaken to pay the first installment on 5th May, 2022 and second installment on 05.06.2022 and thereafter the third installment will be paid on 05.07.2022. JD-C.S. Saini is directed to make the payment by way of Demand Draft or by transfer in the account of the DH, which is already with him as undertaken.
In view of order/direction as mentioned above, this execution application is disposed of accordingly. However, in case there is any non-compliance or delay in making the payment of any installment, the DH is at liberty to move application for revival of the execution proceedings.
Sh. C.S. Saini-JD is discharged only in this case.
(JUSTICE DAYA CHAUDHARY) PRESIDENT (RAJINDER KUMAR GOYAL) MEMBER March 31, 2022 SK