SAHARA PRIME CITY LIMITED Vs. TEJ BAHADUR KAUR

JUDGEMENT

(1.) The present Appeal Execution has been filed by the Judgment Debtors, who were the Petitioners before the Punjab State Consumer Disputes Redressal Commission at Chandigarh (in short, 'the State Commission), against the Order dated 11-10-2018 passed by the State Commission in Revision Petition No.61 of 2018, arising out of Order dated 03-07-2018 passed by the District Consumer Disputes Redressal Forum (in short, 'the District Forum') in Execution Application No.15/153, wherein the District Forum had directed the Judgment Debtors to be produced in person so that notice of accusation may be served.

(2.) The case of the Complainants-Decree Holders, in narrow compass, is that they had booked a Flat No.B-28/204, Control No.24291800038 in Sahara City Homes Lucknow on 31-06-2006 believing that there was a rebate for life time towards car parking charges and one time maintenance. However, at the time of possession, the Opposite Parties - Judgment Debtors demanded parking charges amounting to 1,50,000/- and one time maintenance amounting to 2,91,537/- alleging that the rebate was applicable on the flats booked up to 03-05-2006 whereas the Complainants have booked the flat on 31-07-2006. The Complainants filed the Complaint before the District Forum which was partly accepted while allowing concession to the tune of 60,000/- only towards maintenance as mentioned in the brochure at Serial No.3 and also directed the Judgment Debtors to pay compensation of 5,000/- to the Decree Holders as well as penalty for delay in delivery of possession as per commitment, if any. The District Forum in its Order has observed as under:

(3.) The Order of the District Forum whereby the Complaint had been partly allowed had become final.