Case Note & Summary
The case involves an appeal by Kishore Bhardwaj, the complainant/decree holder, against a common order dated 11.09.2024 passed by the State Consumer Disputes Redressal Commission, Punjab, in execution applications EA No. 58 of 2020 (under Section 27 of the Consumer Protection Act, 1986) and EA No. 81 of 2020 (under Section 25 of the Consumer Protection Act, 1986), both arising from Consumer Complaint No. 394 of 2016. The original complaint was decided by the State Commission on 17.04.2018, directing the opposite parties (M/s Royale Empire & Ors.) to either deliver possession of Flat No. 501 in Block F, Royale Apartments, Peermuchalla, Zirakpur, complete with occupancy certificate, within three months, subject to payment of Rs. 4 lakhs balance by the complainant, along with interest @ 8% p.a. on the deposited amount from 06.09.2013 till possession, compensation of Rs. 50,000 for unfair trade practice, and litigation costs of Rs. 21,000; or in the alternative, if possession was not delivered within the stipulated period, to refund the deposited amount with interest @ 12% p.a. from the dates of deposit, along with compensation and costs. The appellant filed execution applications alleging non-compliance. The State Commission passed the impugned common order on 11.09.2024, which the appellant challenged before the National Commission. The National Commission, after hearing the parties, found that the impugned order required reconsideration and set it aside, remanding the execution applications to the State Commission for fresh decision in accordance with law. The National Commission directed the State Commission to decide the applications afresh, preferably within three months from the date of receipt of the order, and clarified that all contentions of the parties were kept open.
Headnote
A) Consumer Law - Execution of Decree - Sections 25 and 27 of Consumer Protection Act, 1986 - Compliance of Directions - The appeal challenged the common order dated 11.09.2024 of the State Commission in execution applications filed under Sections 25 and 27 of the Consumer Protection Act, 1986, arising from a decree dated 17.04.2018 directing delivery of possession of a flat or alternative refund with interest. The National Commission allowed the appeals and set aside the impugned order, directing the State Commission to decide the execution applications afresh in accordance with law. (Paras 1-3) B) Consumer Law - Alternative Relief - Decree for Possession or Refund - The original decree dated 17.04.2018 gave the opposite parties an option to either deliver possession of the flat with interest and compensation, or in the alternative, refund the deposited amount with 12% interest and compensation. The execution proceedings required determination of which option was exercised and compliance thereof. (Paras 1-2) C) Consumer Law - Interest Rate - Refund with Interest - The decree provided for interest @ 12% p.a. on the deposited amount from the dates of deposit in case of alternative relief of refund. The National Commission did not modify the interest rate but remanded for fresh adjudication. (Para 1)
Issue of Consideration
Whether the State Commission erred in its order dated 11.09.2024 in execution proceedings under Sections 25 and 27 of the Consumer Protection Act, 1986, and whether the appellant/complainant is entitled to compliance of the decree as per the original order dated 17.04.2018.
Final Decision
The National Commission allowed both appeals (AE No. 73/2024 and AE No. 74/2024), set aside the common order dated 11.09.2024 of the State Commission, and remanded the execution applications (EA No. 58/2020 and EA No. 81/2020) to the State Commission for fresh decision in accordance with law, preferably within three months from the date of receipt of the order. All contentions of the parties were kept open.
Law Points
- Execution proceedings under Section 25 and Section 27 of Consumer Protection Act
- 1986
- Compliance of decree for possession and refund
- Alternative relief in consumer disputes
- Interest rate on delayed refund
- Compensation for unfair trade practice
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