HARYANA URBAN DEVELOPMENT Vs. STANLEY ENGINEERING PRIVATE LIMITED

JUDGEMENT

(1.) This appeal, filed under Section 27A of the Consumer Protection Act, 1986, calls in question the order passed by Haryana State Consumer Disputes Redressal Commission on 17.6.2013 in Execution Petition No.1/2006. It should therefore, have been listed as an Execution Appeal and not a First Appeal. The impugned order itself was in the nature of interim direction for compliance. The matter was listed to come up again before State Commission on 4.7.2013. In the meanwhile, on 23.8.2013 judgment debtor/ HUDA filed this execution appeal on 23.8.2013.

(2.) When the matter came up before this Commission on 18.9.2013, learned counsel for the appellant/HUDA informed that the State Commission had passed final orders in the execution petition on 9.9.2013. From the copy of this order brought on record, it is seen that on 9.9.2013 one Shri Prem Singh, had appeared before the State Commission, on behalf of JD/HUDA. He presented a cheque for Rs.8,97,233/- which was delivered to DH/Complainant Mr. R.M. Khanna in the Court. As per record, Shri R. M. Khanna is the Managing Director of the Complainant Company. The State Commission has recorded the satisfaction of Shri Khanna that the full amount has thus been tendered to him and therefore, the Execution Petition may be dismissed as satisfied. The State Commission accordingly dismissed the Execution Petition as fully satisfied.

(3.) When the matter again came up before this Commission on 23.1.2004 counsel for HUDA took time to file a copy of the application filed by Shri Prem Singh, Dealing Assistant HUDA on which the State Commission had based its order of 9.9.2013. A copy of this application was filed on 2.4.2013. It is dated 9.9.2013 and carries the signature of Estate Officer, HUDA, Panchkula. This application shows that with the approval of its Chief Administrator, HUDA had sought to comply with the direction issued by the State Commission on 17.6.2013. The operative portion of the application reads as follows:-