MALLIKA CHOWDHURY Vs. SHELTER

JUDGEMENT

(1.) We have heard the Learned Counsel for the Appellants and perused the impugned order dated 13.07.2018, whereby the State Commission has rejected the application/prayer for executing the sale-deed in favour of the Appellants through the machinery of the Commission.

(2.) From a perusal of the order dated 31.01.2017, passed by the State Commission, we find that the State Commission in Complaint Case No. CC/178/2013 had only directed the Opposite Party, the Respondent herein, to refund Rs. 27,00,000/- with interest @ 9% p.a. from the date of receiving the said amount till the realization thereof within one month from the date of communication of the order. The Appellants have filed the Execution Application for getting the order dated 31.01.2017, passed by the State Commission, enforced. The said order shows that there is no direction by the State Commission for execution of the sale-deed of the flat, which had been subject matter of the Complaint.

(3.) In this view of the matter, we do not find any good ground to interfere with the impugned order passed by the State Commission, which has been impugned in the present Appeal. However, if the Appellants have any grievance regarding non-payment of Rs. 27,00,000/- along with interest, as directed by the State Commission in the order dated 31.01.2017, it will be open for the Appellants to file an application before the State Commission for taking coercive measures against the Opposite Party. If such application is made, the State Commission shall take appropriate action in accordance with law.