Bhagat Cars Private Limitem vs Arshjot Singh & 3 Ors

This Appeal Execution is directed against the order of State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as "the State Commission) dated 10.08.2021 in EA/76/2021, whereby the State Commission issued direction to the District Magistrate, Gurgaon to attach the office of Judgment Debtors Nos.1, 2 & 3 and appoint a receiver to prepare an inventory of all articles lying in their offices and take them into possession forthwith. The State Commission also directed the Judgment Debtors to comply with the order under execution and pay the decretal amount alongwith upto date interest to the decree holders by way of demand draft before the next date of hearing.

The State Commission, vide order dated 31.03.2021 in CC/282/2019 directed the Opposite Parties/Judgment Debtors as under: -

Opposite parties no.1 and 2 are directed to repair the vehicle in question and replace the defective parts of the engine or the component, if any, or if required to replace the defective engine with a brand new engine of the same specifications, with fresh warranty thereon, without charging anything from the complainant and make the vehicle in a perfect roadworthy condition, and return it to the complainant within a period of 20 days, from the date of receipt of a certified copy of this order failing which they shall be liable to refund the entire amount received towards price of the said vehicle alongwith interest @12% p.a. from the date of receipt thereof till realization.

The aforesaid order was to be complied by the Opposite Parties/Judgment Debtors within 30 days from the date of receipt of certified copy of the order. Since the Opposite Parties/Judgment Debtors failed to comply with the order dated 31.03.2021, the decree holder filed EA/76/2021 before the State Commission. In the Execution Petition, on 10.08.2021 the State Commission passed the following order: -

"Under above circumstances, we direct the District Magistrate, Gurgaon to attach the office of the Judgment Debtor No.1 i.e. Ford India Pvt. Ltd., situated at Plot No.142, 5 Floor, Chimes 142, Sector 44 Road, Sector 44, Gurgaon, Haryana th and appoint a receiver who will prepare an inventory of all the articles lying in the said office and take them into possession forthwith.

Similar direction is issued to the Collector, U.T. Chandigarh to attach the office of Judgment Debtors No.2 & 3 i.e. Bharat Cars Pvt. Ltd., Plot No.53, Industrial Area, Phase-2, Chandigarh and Bharti Axa General Insurance, SCO 350-351-352, First Floor, Sector 34-A, Chandigarh and appoint a receiver who will prepare an inventory of all the articles lying in the said office and take them into possession forthwith.

Direction is also issued to the judgment debtors to comply with the order under execution and pay the decretal amount forthwith upto date interest to the decree holders by way of demand draft before the next date of hearing.

Put up on 13.10.2021 for further proceedings."

Aggrieved by the impugned order, the Appellants/Judgment Debtors have filed the instant Appeal.

Heard Learned Counsel for the Appellants and carefully perused the record. Learned Counsel for the Appellants submitted that the impugned order passed by the State Commission is illegal and against the evidence on record. He also submitted that order dated 31.03.2021 passed by the State Commission in CC/282/2019 had not become final as the Appeal against the said order is still pending in the National Commission. Further, the State Commission on the first date passed the impugned order in violation of the procedure prescribed under Code of Civil Procedure. The Appellants/Judgment Debtors were not given an opportunity to present their case in the execution proceedings, which is against the principles of law. The impugned order dated 10.08.2021 in EA/76/2021 is, therefore, liable to be set aside.

State Commission, vide impugned order dated 10.08.2021, inter alia directed the Judgment Debtors to comply with the order under execution before the next date of hearing and the case had been fixed for 13.10.2021. The Judgment Debtors have been given the time of more than two months to comply with the order. They can very well comply with the order under execution and submit compliance report before the State Commission where execution proceedings are going on. Even in the Appeal Execution filed before this Commission, the Appellants have not mentioned about the status of compliance. They have also not shown anywhere in the Appeal Execution their willingness to comply with the order under execution. The Appellants have not mentioned the details of the Appeal filed before this Commission against the order dated 31.03.2021 passed by the State Commission in CC/282/2019. They have also not mentioned whether order dated 31.03.2021 has been stayed by this Commission. Execution proceedings have not been finalised and the order dated 10.08.2021 by the State Commission is an interim order. The Appellants instead of complying with the impugned order have rushed to this Commission.

For the aforesaid reasons, we do not find any illegality or infirmity in the impugned order, warranting interference in the Appellate jurisdiction. Appeal is accordingly dismissed.