ABHISHEK PAL SINGH Vs. PRADEEP KUMAR SHASTRY

JUDGEMENT

(1.) This appeal arises out of the order dtd. 26/11/2020 passed on a Miscellaneous Application ordering restoration of the Enforcement/Execution proceedings seemingly filed under Sec. 27 of the Consumer Protection Act, 1986 (hereinafter referred to as the 1986 Act) before the SCDRC Rajasthan at Jaipur (hereinafter referred to as the State Commission) in original Consumer Complaint No. 110 of 2017.

(2.) The present appeal has been filed contending that the impugned order could not have been passed for restoring the Execution proceedings that are without jurisdiction, and even otherwise there was no scope for moving such an application under the Deed of Settlement on the strength whereof the entire dispute was compromised on terms spelt out therein and had been finally disposed of.

(3.) The background and the facts giving rise to this dispute are that the complaint was filed raising grievances regarding deficiency in non-delivery of the two flats purchased by the respondent/complainant in the project 'My Haveli', a High Rise Building on the Ajmer Road, Jaipur, developed by the appellant/opposite party. Since the delivery was not made within the stipulated period, the respondent/complainant felt aggrieved and the complaint was filed that was allowed on 13/11/2018 directing refund of the amount of Rs.57,12,170.00 along with 18% interest as well as the other payments directed therein. The operative part of the order is extracted hereunder: