LAWS(NCD)-2015-2-41

VALLABH BUILDERS PARTNERSHIP Vs. JAGRUT NAGRIK

Decided On February 13, 2015
Vallabh Builders Partnership Appellant
V/S
JAGRUT NAGRIK Respondents

JUDGEMENT

(1.) THE complainant/respondent filed a complaint against the petitioner, under section 12 of the Consumer Protection Act, 1986, seeking the following reliefs: -

(2.) VIDE order dated 07.10.2009, the District Forum directed as under: - The complaint filed by the complainant is partly granted. The present opponent is ordered to execute sale deed and give occupation and completion certificates to the Complainant within 90 days from the date of the knowledge of this order to the complainant. Thereafter also, the opponent is not able to provide completion and occupation certificates and to get the sale deed executed, than the opponent is ordered to pay Rs.07,03,000/ - to the complainant with 9% interest from the date of receiving this order and in consideration the complainant has to handover possession of the said property to the opponent upon receipt of the amount. More over the opponent is ordered to pay Rs.5,000/ - to the complainant within 90 days from the date of the order towards the mental agony and cost of the complaint. In default the complainant shall have right to recover above mentioned amount, 9% interest thereon, cost and execution, cost of Service from the person and property of the opponent.

(3.) THE aforesaid order passed by the District Forum was not challenged by the petitioner/OP, as a result of which it became final. However, since the petitioner did not comply with the order, the complainant filed execution petition seeking implementation of the said order. The following order was passed by the District Forum in the said execution proceedings: -