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Judgment
R. K. Agrawal, J., President
The present Execution Application has been filed by Shashi Bala Mittal and Kewal Krishan Mittal, Complainants / Decree Holders against the Municipal Council Zirakpur and Director, Local Government (hereinafter referred to as Opposite Parties / Judgment Debtors)
Brief facts of the case are that in response to advertisement floated by Municipal Council Zirakpur (hereinafter referred to as JD No.2) regarding sale of commercial plots by way of auction in Zirakpur, Dist. Ajitgarh, the Complainants submitted a bid for allotment of a commercial plot in the said auction. Despite receiving the amounts as per their demand from the Complainants, the Judgment Debtors failed to deliver physical possession of the plot with basic infrastructural facilities even after more than 3 years from the agreed date of delivery of possession of the Plot. Alleging deficiency in service and unfair trade practice on the part of the Judgment Debtors, the Complainants filed a Consumer Complaint being CC No. 3351 / 2017 with this Commission. Vide Order dated 13.11.2020, this Commission allowed the Complaint in following terms:-
" In the facts and circumstances of case noted hereinabove, the complainants are held entitled to refund the entire amount which they paid to the opposite party alongwith compensation in the form of simple interest. The opposite party No.2 , namely, Municipal Council Zirakpur is, therefore, directed to refund the entire amount received by it from the complainants to them alongwith compensation in the form of simple interest @ 9% p.a. from the date of each payment till the date of refund. The opposite party shall also pay a sum of Rs.25,000/- to the complainants towards the cost of litigation. The payment in terms of this order shall be made within three months from today ;"
The Opposite Parties / Judgment Debtors have not complied with the directions given vide Order dated 13.11.2020. Feeling aggrieved the Complainants / Decree Holders have filed the present Execution Application with the following prayer:-
"...the opposite parties / JD may kindly be made liable to pay the decreed amount alongwith additional rate of interest (as being awarded by the Hon'ble Commission for failure to comply the Orders) and also 50,000/- as litigation cost and 10,00,000/- as compensation for again forcing the Complainants into litigation and causing irreparable loss of living life with respect and dignity and without proper treatment.
This Hon'ble Commission may also kindly be pleased to grant such other or further relief which it deem fit and proper in the facts and circumstances of the case."
We have heard Ms. Shashi Bala Mittal, Complainant/Decree Holder in person, Ms. Anu Chatrath, learned Senior Counsel for the Judgment Debtors/Opposite Parties and have perused the Order dated 13.11.2020 passed in Consumer Complaint No. 3351 / 2017 "Shashi Bala Mittal & Anr. vs. Director, Local Govt., Department of Local Govt. & Anr.", which is sought to be executed by means of the present Execution Application.
Ms. Shashi Bala Mittal Complainant/Decree Holder, submitted that while calculating the amount to be paid in terms of the Order dated 13.11.2020 passed by this Commission, the Opposite Parties/Judgment Debtors have not taken into consideration the entry of 22,242/-which was deposited by the Complainants on 30.03.2016 and there is a difference of about 44,504/- in the payment made by the Opposite Parties/Judgment Debtors to the Complainants.It was prayed that Opposite Parties be directed to refund 44,504/-. It was also submitted that in terms of Order dated 13.11.2020 passed by this Commission, the Opposite Parties/Judgment Debtors were liable to refund the amount to the Complainants within a period of three months, i.e., latest by 12.02.2021, but the Judgment Debtors/Opposite Parties have made the total payment only on 17.08.2021 and thus, have intentionally delayed/wilfully disobeyed the directions given vide Order dated 13.11.2020, therefore, the Complainants/Decree Holders are entitled for additional compensation and litigation cost for compelling them to file unavoidable litigation, i.e., filing of present Execution Application.
Per contra , Ms. Anu Chatrath, learned Senior Counsel appearing for the Judgment Debtors/Opposite Parties submitted that there is no willful disobedience of the Order dated 13.11.2020. They were within their rights to avail the legal remedies available to them, therefore, they challenged the Order dated 13.11.2020 passed by this Commission by filing Civil Appeal No. 1148 / 2021 before the Hon'ble Supreme Court, which was dismissed on 16.04.2021. They were unable to comply with the Order dated 13.11.2020 immediately as a sum of 59,75,993/- remained deposited with the Hon'ble Supreme Court as a pre-condition deposit of filing the Civil Appeal. It was further submitted that due to second wave of Covid-19, the Office of the Judgment Debtors was working with less than 50% of the office staff as such there was some delay in complying the Order dated 13.11.2020. It was further submitted that they had paid the amount to the Complainants in following manner:
Sr. No
Amount
Details
Date of handing over to the Complainants.
1.
62,00,092/-
First Installment Draft bearing No.5214 dated 15.07.2021
16.07.2021
2.
63,54,528/-
(59,75,993/- amount deposited in Supreme Court + 3,78,535/- difference as per calculations submitted by Complainants
Second Installment Draft No. 005210 dated 16.08.2021
17.08.2021
3.
6,531/-
Difference of payment Draft No. 5237 dated 25.08.2021
Sent through Registered post on 26.08.2021
It was also submitted that the Complainants had filed an Application with them seeking approval of the building map and deposited 22,242/- on 30.03.2016 towards processing fee for Approval of a Building Map.Since the Application was processed immediately and permission was granted on 26.04.2016, therefore, there is no deficiency in service on their part in processing the building approval and thus, the said fee is not liable to be refunded.It was also submitted that filing an application for building approval form is a different set of transaction, therefore, the Complainant cannot seek refund of this processing fee under the garb of present Execution Proceedings.
It was also submitted that the delay in complying with the Order dated 13.11.202 is neither willful nor intentional and the Complainant is not entitled for any additional compensation.It was prayed that the Execution Application may kindly be dismissed.
We have given our thoughtful considerations to the various pleas raised by the Complainants and learned Counsel appearing on behalf of the Judgment Debtors/Opposite Parties.
As far as the plea of the Opposite Parties / Judgment Debtors that 22,242/- was deposited by the Complainants on 30.03.2016 towards processing fee for approval of Building Plan/Map on the said Plot, therefore, this relates to another set of transaction and as such they did not refund the said amount, is concerned, firstly, we find that 22,242/- was deposited for approval of Building Plan/Map on the said Plot, therefore, this relates to the said Plot and it is one and the same transaction and it cannot be said to be a different transaction.Secondly, vide Order dated 13.11.2020 the Opposite Party No. 2 was directed to refund the entire amount received by it from the Complainants to them alongwith compensation in the form of simple interest @9% p.a.The entire amount also includes 22,242/- deposited by the Complainant on 30.03.2016.The Order dated 13.11.2020 has attained finality as the Civil Appeal filed by the Opposite Parties challenging the said Order has been dismissed by the Hon'ble Supreme Court.Therefore, we do not find any force in this plea and the same is rejected.
As far as the plea of the Complainants regarding enhancement of compensation and litigation cost is concerned, we find that it is a settled law that Executing Courts cannot go beyond the Decree. Therefore, the plea of the Complainants for enhancement of compensation and litigation cost is rejected.
The Complainants have submitted that there is a mistake in computation of compensation payable/paid by the Opposite Parties/Judgment Debtors. The computation of compensation in terms of Order dated 13.11.2020 is tabulated below:-
Date
Amount
No. of days
Interest
Outstanding
26.04.2013
640000
2848
449438
1089438
06.05.2013
1106721
2838
774462
1881183
06.08.2013
1746722
2746
1182698
2929420
06.08.2013
1746722
2746
1182698
2929420
06.08.2013
1000000
2746
677096
1677096
19.08.2013
746720
2733
503207
1249927
05.02.2014
169215
2563
106939
276154
30.03.2016
22242
1779
9757
31999
Dues as on 11.02.2021 with simple interest 9% p.a.
12064638
Add Litigation Cost
25000
Total Dues as on 11.02.2021
12089638
15.07.2021
12089638
154
459075
12548713
16.07.2021
Paid 6200092/-
(12548713 - 6200092/-) Outstanding Balance
6348621
17.08.2021
6348621
32
50093
6398714
17.08.2021
Paid 6354528/-
(6398714 - 6354528/-) Outstanding Balance
44186
26.08.2021
44186
9
99
44285
26.08.2021
Paid 6531/-
(44285 - 6531/-) Outstanding Balance
37754
From the perusal of above table, it is clear that there is an outstanding balance of 37754/-(including 22,242/- deposited by the Complainants on 30.03.2016) towards awarded amount in terms of Order dated 13.11.2020, to be paid by the Judgment Debtors/Opposite Parties to the Complainants.Accordingly, the Opposite Parties/Judgment Debtors are directed to pay to the Complainants/Decree Holders outstanding amount of 37754/- alongwith interest @9% p.a. w.e.f. 26.08.2021 till the date of realization within 2 weeks from today.
The Execution Application stands disposed off in above terms.