LAWS(NCD)-2025-3-7

KAMAL MUKUL KAUSHAL Vs. BCL HOMES LTD.

Decided On March 24, 2025
Kamal Mukul Kaushal Appellant
V/S
Bcl Homes Ltd. Respondents

JUDGEMENT

(1.) Appeal Execution has been filed challenging the impugned order of the State Commission in EA/39/2020 in CC/174/2018. Following are the brief facts of the case:

(2.) During pendency of this application, the decree holder-Kamal Mukul Kaushal died on 30/1/2019 and as such, his legal heirs i.e. his wife-Shivani Kaushal, daughter-Yastika Kaushal and another daughter-Swastika Kaushal were impleaded as necessary parties as decree holders no.1 to 3.

(3.) The background facts of this case are that the complainants-Rohit Kaushal and Kamal Mukul Kaushal had filed consumer complaint bearing no.174 of 2018 before this Commission seeking directions to the opposite parties (now judgment debtors no.1 to 4) to deliver possession of the unit bearing no.426, 4th Floor, Tower No.13, purchased by them in their project "Chinar Homes" Village Kishanpura, Zirakpur, Punjab, as they had failed to deliver possession of the same by the committed date i.e. 7/10/2013 despite receiving substantial amount of 34,14,650/-. The said consumer complaint alongwith connected consumer complaints were partly accepted by this Commission vide order dtd. 10/12/2018 and the judgment debtors no.1 to 4 were directed as under:-