SWATI SHRINIVAS WATHARER Vs. CHANAKYA CONSTRUCTION

JUDGEMENT

(1.) THESE two appeals have been filed against the order passed on Application at Exhibit -69 by District Consumer Disputes Redressal Forum, District Satara, dated 11.5.2009 whereby the District Forum was pleased to dismiss the said application at Exhibit -69 filed by appellant and also disposed of the Darkhast Proceeding No. 78/2007 and directed that amount of Rs. 7,10,000 deposited by the judgment debtor be given back to him after taking bank guarantee from him.

(2.) IN the like manner Application at Exhibit -71 in Darkhast Proceeding No. 79/2009 was also dismissed by the District Forum, Satara by its order dated 11.5.2009 on finding that the judgment debtor had deposited Rs. 7,10,000 covering both Darkhast Proceeding (Nos. 78/2007 and 79/2007), filed by the Applicant/Appellant. As such husband and wife both who were decree holders in Execution Application Nos.78/2007 and 79/2007 have filed these two appeals challenging the said order.

(3.) FACTS lie in narrow compass. Smt. Swati Shreeniwas Wathare had filed Consumer Complaint No. 211/2006 against Vikram Vijay Gosavi, the proprietor of M/s. Chanakya Constructions. The said complaint after contest was allowed by the District Forum. The appeal against said complaint was dismissed by this Commission and thereafter, judgment debtor had approached the Hon'ble National Commission. The Hon'ble National Commission was also pleased to dismiss the Revision Petition. Hence, Smt. Swati Shreeniwas Wathare, the Complainant in Execution Application No. 78/2007 moved Execution Application under Section 27 of Consumer Protection Act. Oral order was passed that within 30 days Opponent No. 1 -Vikram Vijay Wathare, Proprietor of Chanakya Construction should pay to the Complainant a sum of Rs. 6,85,000 and if necessary he should sell flat No. 3 booked by Complainant. Likewise he was permitted to raise loan on the said flat and he was permitted to mortgage the said flat. With this operative order complaint of Smt. Swati Wathare was allowed on 30.4.2007. This order was put in execution by filing application under Section 27 of the Consumer Protection Act, 1986. At one point of time by allowing application at Exhibit -40 bailable warrant was issued against the judgment debtor. However, it appears that the judgment debtor deposited total amount of Rs. 7,10,000 in two Execution Proceedings, one filed by Smt. Swati Wathare and other filed by her husband Shri Shreeniwas Wathare and on finding that the builder was not in a position to get N.O.C. from the Bank with whom flats of both the decree holders were mortgaged and on finding that builder was not in a position to sell the said flats of both the decree holders, the District Forum rejected application filed under Exhibit -69 and also dismissed the original Execution Applications without taking any action against the judgment debtor and what is more important is that the amount deposited covering both the execution applications amount of Rs. 7,10,000 was directed to be refunded to the judgment debtor on his giving bank guarantee. It is this order which is challenged by Smt. Swati Wathare by filing Appeal No. 922/2010.