LAWS(NCD)-2011-9-41

SARWAN KUMAR Vs. PRAVEEN SEHAJPAL

Decided On September 15, 2011
SARWAN KUMAR Appellant
V/S
PRAVEEN SEHAJPAL Respondents

JUDGEMENT

(1.) These petitions have been filed by petitioners challenging order dated 24.1.2011, passed by State Consumer Disputes Redressal Commission, Chandigarh (for short 'State Commission').

(2.) Brief facts are that petitioner Sarwan Kumar and others deposited certain amounts with M/s. Sehajpal Finance and Investment Ltd., District Nawanshahr. (OPs in District Forum) OPs closed the finance company and did not refund the amount to Sh. Sarwan Kumar and others. Complaints under Section 12 of the Consumer Protection Act, 1986 were filed by petitioners against the OPs which were allowed by the District Forum. OPs did not comply with the order and did not pay the amounts. Accordingly, petitioners filed execution application in which Parveen Sehajpal/ respondent filed certain objections against attachment and sale of the house, which were dismissed by the District Forum. Appeal filed by respondent was partly allowed by the State Commission vide its order dated 21.8.2008. State Commission directed that instead of selling the entire house, only half share in the house is liable to be attached and be sold in execution of the decree against the OPs.

(3.) Petitioners, thereafter filed two miscellaneous applications alleging that when warrant of attachment and sale was issued by the District Forum, Nawanshahr, the Collector returned the same with the direction that portion of the house which is to be sold by public auction, should be specified.