Case Note & Summary
The National Consumer Disputes Redressal Commission (NCDRC) heard appeals (AE No. 73/2024 and AE No. 74/2024) filed by the complainant/decree holder, Kishore Bhardwaj, against a common order dated 11.09.2024 passed by the State Consumer Disputes Redressal Commission, Punjab, in execution applications EA No. 58/2020 (under Section 27 of the Consumer Protection Act, 1986) and EA No. 81/2020 (under Section 25 of the same Act). The execution applications arose from the original complaint CC No. 394/2016, which was decided by the State Commission on 17.04.2018. In that order, the State Commission directed the opposite parties (M/s Royale Empire and its partners) to either deliver possession of flat No. 501 in Block F, Royale Apartments, complete with occupancy certificate, within three months, subject to payment of Rs. 4 lakhs by the complainant, along with interest at 8% p.a. from 6.9.2013, compensation of Rs. 50,000, and litigation costs of Rs. 21,000; or, in the alternative, if possession was not delivered, to refund the deposited amount with interest at 12% p.a., pay compensation of Rs. 50,000, and litigation costs of Rs. 21,000. The complainant filed execution applications alleging non-compliance. The State Commission passed a common order on 11.09.2024, which was challenged in these appeals. The NCDRC, after hearing the parties, allowed the appeals, setting aside the State Commission's order and remanding the matter for fresh consideration. The Commission directed the State Commission to decide the execution applications afresh, considering the compliance status and the balance amount payable, and to pass appropriate orders in accordance with law.
Headnote
A) Consumer Law - Execution Proceedings - Maintainability of Appeals - Appeals against common order in execution applications under Sections 25 and 27 of Consumer Protection Act, 1986 - The Commission held that appeals are maintainable and proceeded to examine the merits of the State Commission's order regarding non-compliance of the original decree. (Paras 1-2)
B) Consumer Law - Execution of Decree - Alternative Remedies - Sections 25 and 27 of Consumer Protection Act, 1986 - The original order dated 17.04.2018 directed either delivery of possession with interest or refund with higher interest - The State Commission's order in execution was challenged - The Commission considered the compliance status and the balance amount payable. (Paras 1-2)
Issue of Consideration
Whether the appeals against the common order dated 11.09.2024 in execution applications under Sections 25 and 27 of the Consumer Protection Act, 1986 are maintainable and whether the State Commission's order was correct.
Final Decision
The National Consumer Disputes Redressal Commission allowed the appeals, set aside the common order dated 11.09.2024 passed by the State Commission, and remanded the matter back to the State Commission for fresh consideration of the execution applications in accordance with law.
Law Points
- Execution proceedings under Consumer Protection Act
- 1986
- Sections 25 and 27
- maintainability of appeals against common order
- scope of Section 27 proceedings
- alternative remedies under Section 25
Case Details
2025 LawText (NCDRC) (01) 44
AE No. 73/2024 and AE No. 74/2024 (arising out of EA No. 58/2020 and EA No. 81/2020 in CC No. 394/2016)
Dr. Inder Jit Singh, Presiding Member, Dr. Justice Sudhir Kumar Jain, Member
For Appellant: Mr. Rajat Sangwa, Mr. Sumit Kumar Sharma, Adv, Mr. Kishore Bhardwaj (in person and SPA in AE No. 75 & 76 of 2024), Mr. Ravinder Kumar (in person via VC). For Respondent: Mr. Udit Mendiratta, Adv.
Kishore Bhardwaj (in AE No. 73/2024 and AE No. 74/2024)
M/s Royale Empire through its Managing Director, M/s Royale Empire through its Director Site Officer, Mr. Jeewan Garg, Partner, Sh. Prince Garg, Partner
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Nature of Litigation
Appeals against a common order in execution proceedings under the Consumer Protection Act, 1986.
Remedy Sought
The appellant (complainant/decree holder) sought to set aside the State Commission's order dated 11.09.2024 in execution applications and to enforce the original decree dated 17.04.2018.
Filing Reason
The appellant alleged non-compliance of the State Commission's order dated 17.04.2018 by the respondents and challenged the common order passed in execution applications.
Previous Decisions
The State Commission, Punjab, passed an order on 17.04.2018 in CC No. 394/2016 directing the opposite parties to either deliver possession of the flat with interest and compensation or refund the amount with higher interest and compensation. Subsequently, execution applications were filed, and the State Commission passed a common order on 11.09.2024, which is under challenge.
Issues
Whether the appeals against the common order in execution applications under Sections 25 and 27 of the Consumer Protection Act, 1986 are maintainable.
Whether the State Commission's order dated 11.09.2024 was correct in light of the original decree and the compliance status.
Submissions/Arguments
The appellant argued that the respondents failed to comply with the original order dated 17.04.2018 and that the State Commission's order in execution was erroneous.
The respondents contended that they had complied with the order or that the execution applications were not maintainable.
Ratio Decidendi
The Commission held that the appeals were maintainable and that the State Commission's order in execution proceedings required fresh consideration as the compliance status and balance amount payable needed to be properly examined.
Judgment Excerpts
AE No. 73 of 2024 has been filed by the complainant / decree holder, Mr.Kishore Bhardwaj, challenging the common order dated 11.09.2024 of the State Commission in EA No. 58 of 2020 in CC No. 394 of 2016, which was filed under section 27 of Consumer Protection Act, 1986.
Similarly, AE No. 74 of 2024 has been filed challenging the same common order dated 11.09.2024 in EA No. 81 of 2020 in CC No. 394 of 2016 which was filed under section 25 of Consumer Protection Act, 1986.
Procedural History
The original complaint CC No. 394/2016 was decided by the State Commission, Punjab, on 17.04.2018, directing the opposite parties to either deliver possession with interest and compensation or refund with higher interest and compensation. The complainant filed execution applications EA No. 58/2020 under Section 27 and EA No. 81/2020 under Section 25 of the Consumer Protection Act, 1986. The State Commission passed a common order on 11.09.2024 in these execution applications. The complainant filed appeals (AE No. 73/2024 and AE No. 74/2024) before the National Commission against the common order. The National Commission allowed the appeals on 07.08.2025, setting aside the common order and remanding the matter for fresh consideration.
Acts & Sections
- Consumer Protection Act, 1986: Section 25, Section 27
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