Naveen Kohli vs DLF Universal Ltd

Subhash Chandra, Presiding Member

This Execution Application under Section 25(3) of the Consumer Protection Act, 1986 has been filed by the applicant who is the Decree Holder seeking execution of the decree in Consumer Complaint No. 104 of 2018 which was disposed by this Commission vide order dated 13.07.2022.

Heard the learned counsels for the parties.

The Decree Holder submits that pursuant to the decree, he has received a sum of ₹64,06,248/- after deduction of TDS of ₹33,21,353/- and ₹50,000/- litigation expenses from the Judgment Debtor.  However, it is submitted that a sum of ₹45,16,377/- along with pendite lite and future interest is still payable as per para 7(iv) of the judgment/decree which reads as under:

iv.  The allottee shall be entitled to early payment rebate and timely payment rebate, if he has complied with the terms on which the said rebates were offered by the Developer or wherever the benefit of the said rebates was extended to him, either by the developer itself or by this Commission.

According to the Decree Holder, he had complied with terms and conditions on which the said rebate was offered by the Developer and was, therefore, entitled to early payment rebate and timely payment rebate from the Judgment Debtor/Developer. It is submitted that ₹30,00,000/- was deposited on 17.04.2013 and ₹60,00,000/- on 26.07.2013.  However, early payment rebate for the same was not provided as per para 7(iv) extracted above.  According to the Decree Holder, an amount of ₹45,16,377/- as on the date of decree was payable along with pendite lite and future interest. The Judgment Debtor had failed to pay the same despite email dated 18.09.2022.  It was, therefore, prayed that this Commission:

(a) Execute the judgement and decree dated 13.07.2022 passed by this Hon’ble Commission, against the Judgment Debtors;

(b) Issue notice of this Execution Petition to the Judgement Debtors, thereby directing them to furnish details of their movable and/or immovable properties to this Hon’ble Commission to enable the Decree Holder to take appropriate steps for execution of the decree dated 13.07.2022 and for this Hon’ble Commission to pass appropriate orders in this regard, and;

(c) Pass any other or further order which this Hon’ble Commission may deem fit and proper in the facts and circumstances of the case.

Upon being served notice, the Judgment Debtor filed a Reply along with a calculation of the early payment rebate credited to the Decree Holder and submitted that as per the Final Statement of Account sent with the Offer of Possession dated 27.06.2017, a sum of ₹12,70,745/- had already been credited to the Decree Holder.  It was also submitted that as per Clause 1.4(a) of the Apartment Buyers Agreement, early payment rebate was payable to allottees @ 11% for the period for which the payment of instalment was advanced.  However, the said rebate was subject to revision or withdrawal by the Judgment Debtor/Developer.  This rebate had been revised from 11% to 12.5% as per letter dated 27.08.2012.  However, the rebate was withdrawn w.e.f. 31.03.2012 and the same had been intimated vide letter dated 20.11.2014.

Judgment Debtor submitted that as per para 7(iv) of the order under execution, it had been directed that the Decree Holder shall be entitled to early payment rebate if he had complied with the terms of the rebate offered by the Judgment Debtor for the relevant instalments.  As the scheme of early payment rebate stood withdrawn, there was  no question of payment of this rebate other than the amount of ₹12,70,745/- already credited for the applicable periods.  It was, therefore, prayed that the Execution Application be dismissed.

As per the decree under execution, there was no direction for pendent lite and future interest.  The prayer of the Decree Holder for this component at this stage, therefore, cannot be considered.  As regards the issue of early payment rebate, from the documents made available by the Judgment Debtor with his reply, it is manifest that the scheme of rebate was withdrawn by it w.e.f. 31.03.2012 as submitted in the reply and the same communicated to the Decree Holder.  The claim for this rebate for payments made on 17.04.2013 and 26.07.2013 when the rebate had been withdrawn, therefore, does not arise.  Insofar as the rebate stated to have been credited to the Decree Holder’s account as per the Final Statement of Account, counsel for the Decree Holder fairly agrees that the same stood credited to his account.

In view of the foregoing, we do not find any merit in the contentions of the Decree Holder. The Execution Application is, therefore, liable to fail. It is accordingly dismissed with no order as to costs.