JUGMANDAR DASS BANSAL Vs. TAPOBAN HOUSING FINANCE LTD

JUDGEMENT

(1.) Aggrieved by the order dated 20.12.2005 passed by Delhi State Consumer Disputes Redressal Commission in execution no. 292/94 in complaint case no. C-262/92, the original complainant has filed the present appeal. The case has a somewhat chequered history which we would like to notice before we dwell on the real controversy.

(2.) Mr. Jugmandar Dass Bansal -appellant herein had filed the complaint against the President, Managing Director and Director of M/s Tapoban Housing Finance Ltd. and others claiming a sum of Rs. 1,21,795/- under different heads with interest @ 24% p. a. w. e. f. 01.07.92 till the date of payment on the allegations that he had deposited a sum of Rs. 54000/- (Rs. 4000/- on 10.12.1990 and Rs. 50000/- on 31.12.1990) with the opposite party-respondent through receipt nos. 37 and 38 on the assurance that the amount shall be refunded to him with interest. The amount was, however, not paid on the date of maturity or even much thereafter. Therefore, the complaint was filed for the recovery of the said amount and the interest accrued thereon @ 24% p. a. w. e. f. 03.01.1991 to 30.06.1992 and conveyance expense and loss of Rs. 20,000/-. Due to non- representation, the complaint was proceeded ex parte against opposite party- respondent. Vide order dated 23.04.93, the State Commission partly allowed the said complaint by observing and directing as under:

(3.) Since the directions given by the State Commission were not complied with by the opposite party respondent, appellant-complainant filed execution application under section 25 / 27 of the CP Act, 198 seeking enforcement of the order by securing the presence of the Directors of the company. The said application was registered as Execution Application No. 292/94. Notices were issued to the Directors of the Company out of whom, three Directors of the company, namely, Shri A. R. Biswas, Shri Tapan Nandi and Shri Y. A. Shetty took up the plea that they are not the Directors of the company at the relevant time and, therefore, the State Commission did not issue notice to them but took the execution proceedings against the remaining Directors, namely, Shri A. B. Chaudhary, Shri P. C. Pani and Shri S. C. Mohanty. It would appear that execution proceedings remained pending for quite sometime against the above named three Directors but they failed to satisfy the award by making payment of the awarded amount. The execution was lastly posted before the State Commission on 20.12.2005 when the State Commission made the impugned order. The order is rather a short one and reads as under: