BEFORE THE HON'BLE DISTRICT CONSUMER REDRESSAL FORUM-I,
AT CHANDIGARH
Execution Application No: ______ of 2015
IN
Consumer Complaint No. 138 of 2015
Rajinder kumar Chauhan son of Shri Kadsu Ram
r/o Flat No. 640, Sector 48-A, Sarvhitkari Co-op
Society, Chandigarh
..….Applicant/Complainant
Versus
Shalimar Estates (P) Ltd. through its Director,
Shalimar Mega Mall, Site No. 5, Sector 5, Panchkula (Haryana)
……Respondent/Opposite Parties
Application under Section 25/27 of the Consumer
Protection Act 1986 for executing the orders passed
in complaint no. 138/2015.
RESPECTFULLY SHOWETH: -
1. That the applicant filed a complaint No. 138/2015, which was allowed
by this Hon’ble forum vide order dated 12.08.2015. Copy of the order is
attached as Annexure A-1.
2. That it is apparent from the above orders passed by this Hon'ble
Forum that the order is very clear in directing the respondents to comply
with the same within 30 days. The relevant portion of the orders reads as
under:
i) To refund the amount of Rs. 3,00,000/- to the
complainant, along with interest @ 12% per annum from
the date of first request for its refund by the
compalinant i.e 07.06.2011, till realization.
ii) To make payment of Rs. 25,000/- to the complainant
towards compensation for causing mental and
physical harassment.
iii) To make payment of Rs. 10,000/- to the complainant as
litigation charges.
3. That despite the orders of this Hon'ble forum having duly been served
on and brought to the notice of the respondents, the respondents have not
complied with the same within the specified period.
4. That as per the orders dated 12.08.2015, as on 31.10.2015, a sum of
Rs. 5, 06,564/- has become due from the Respondent. Calculation sheet is
attached as Annexure A-2.
5. That as per the knowledge of the applicant/complainant, the
Respondent/Opposite Party has not filed any appeal against the above said
orders dated 12.08.2015 as till date no notice of any appeal has been
received by the applicant/complainant.
6. That as per the order of this Hon’ble Forum, it has been more than one
month, since the applicant/complainant has been awaiting the payment of
refund in compliance of the orders passed by this Hon’ble Forum.
7. That in view of the above circumstances, the applicant/complainant
has been left with no other alternative than to file present execution
application for getting the order of this Hon’ble Forum complied with.
8. That the Respondent/Opposite Party is liable to pay a sum of Rs.
5,06,564/- calculated upto 31.10.2015 alongwith 18% interest till the
realization of the entire amount.
It is therefore most humbly prayed that appropriate directions may
kindly be issued to the Respondent/Opposite Party to pay the amount as per
the order of this Hon’ble Forum.
Any other order or direction which this Hon’ble Forum may deem fit
and proper may kindly be passed in favour of the applicant/complainant.
Dated: ________ Applicant/Complainant
Chandigarh
Through Counsel
(KAMAL [Link])(GURMUKH SINGH)
Advocates
BEFORE THE HON'BLE DISTRICT CONSUMER REDRESSAL FORUM-I,
AT CHANDIGARH
Execution Application No: ______ of 2015
Rajinder Kumar Chauhan
…….Applicant/Complainant
Versus
Shalimar Estate (P) Ltd. through its Director
……. Respondent/Opposite Party
Affidavit of Rajinder Kumar Chauhan son of Sh.
Kadsu Ram resident of Flat no. 640, Sector 48-A,
Sarvhitkari Co-op. Society, Chandigarh.
I, the above named deponent, do hereby solemnly affirm and state as
under:-
1. That the accompanying application is being filed today which is
prima-facie likely to succeed as per the grounds contained therein.
2. That the contents of the application have been read over and
explained to the deponent in simple language which are correct and he has
signed after understanding the same.
3. That no such or similar application has been filed by the
applicant or decided by this Hon’ble Forum or any other Court of India.
Deponent
VERIFICATION:-
Verified that the contents of the above paras no. 1 to 3 of my affidavit
are true and correct to my knowledge. No part of it is false and nothing has
been kept concealed therein.
Verified at Chandigarh on this _____ day of ________ 2015
Deponent
BEFORE THE HON'BLE DISTRICT CONSUMER REDRESSAL FORUM-II, AT
CHANDIGARH
Execution Application No: ______ of 2015
IN
Consumer Complaint No. 633 of 2014
Raghunath Behera
…….Applicant/Complainant
Versus
1. BCL Homes Ltd. through its Managing Director
2. Tajinder Bansal, Director, BCL Homes Ltd.
……. Respondents/Opposite Parties
Application under Section 25/27 of the Consumer
Protection Act 1986 for executing the orders passed
in complaint no. 138/2015.
RESPECTFULLY SHOWETH: -
1. That the applicant filed a complaint No. 138/2015, which was allowed
by this Hon’ble forum vide order dated _____. Copy of the order is attached
as Annexure A-1.
2. That it is apparent from the above orders passed by this Hon'ble
Forum that the order is very clear in directing the respondents to comply
with the same within 30 days. The relevant portion of
3. That despite the orders of this Hon'ble forum having duly been served
on and brought to the notice of the respondents, the respondents have not
complied with the same within the specified period.
4. That as per the orders dated ______, as on 31.10.2015, a sum of Rs.
_______ has become due from the Respondent. Calculation sheet is attached
as Annexure A-2.
5. That as per the knowledge of the applicant/complainant, the
Respondent/Opposite Party has not filed any appeal against the above said
orders dated ________ as till date no notice of any appeal has been received
by the applicant/complainant.
6. That as per the order of this Hon’ble Forum, it has been more than two
months, since the applicant/complainant has been awaiting the payment of
refund in compliance of the orders passed by this Hon’ble Forum.
7. That in view of the above circumstances, the applicant/complainant
has been left with no other alternative than to file present execution
application for getting the order of this Hon’ble Forum complied with.
8. That the Respondent/Opposite Party is liable to pay a sum of
Rs._______ calculated upto 31.10.2015 alongwith 18% interest till the
realization of the entire amount.
BEFORE THE HON'BLE DISTRICT CONSUMER REDRESSAL FORUM-I,
AT CHANDIGARH
Execution Application No: ______ of 2018
IN
Consumer Complaint No. 325 of 2014
Lalit Kumar Chhabra son of Lt. Shri Radha Kishan Chhabra
r/o House No. 177/1, Sector 45-A, Chandigarh
..….Applicant/Complainant
Versus
1. The Managing Director, M/s Chandigarh Royal City Promoters(P)
Limited, SCO 489-490, 2nd Floor, Sector 35-C, Chandigarh.
2. Vivek Sharma, Broker, Director, M/s Bhumi Bhawan, SCO 24, Sector
20-D, Chandigarh.
……Respondent/Opposite Parties
Application under Section 25/27 of the Consumer
Protection Act 1986 for executing the orders passed
in complaint no. 325/2014.
RESPECTFULLY SHOWETH: -
1. That the applicant filed a complaint No. CC/325/2014, which was
allowed by this Hon’ble forum vide order dated 09.07.2015. Copy of the
order is attached as Annexure A-1.
2. That it is apparent from the above orders passed by this Hon'ble
Forum that the order is very clear in directing the respondents to comply
with the same within 30 days. The relevant portion of the orders reads as
under:
i) To pay to the complainant interest @ 12% per annum on the
booking amount of Rs. 4,00,000/- from the date of booking till
30.04.2013.
ii) To also pay to the complainant interest @ 12% per annum
on the amount so accrued w.e.f. 01.05.2013 till its realization.
iii) To make payment of Rs. 10,000/- to the complainant as
cost of litigation.
That it was also directed by this Hon'ble Forum that in case of failure of the
opposite part to comply with the order within one month from the date of
receipt of certified copy of order. The relevant portion of the orders reads as
under:
i) This order be complied with by OP-1 within one month from
the date of receipt of its certified copy, failing which he shall
make he shall make the payment of the amounts mentioned at
Sr. No. (i) & (ii) above, with interest @ 15% per annum from the
date of filing of the present complaint till realization, apart
from complianace of direction at Sr. No. (iii) above.
3. That despite the orders of this Hon'ble forum having duly been served
on and brought to the notice of the respondents, the respondents have only
paid the booking amount of Rs. 4,00,000/- and have not complied with
other directions within the specified period.
4. That as per the orders dated 09.07.2015, as on 31.12.2017, a sum of
Rs. 2, 90,000/- has become due from the Respondent. Calculation sheet is
attached as Annexure A-2.
5. That as per the knowledge of the applicant/complainant, the
Respondent/Opposite Party has not filed any appeal against the above said
orders dated 09.07.2015 as till date no notice of any appeal has been
received by the applicant/complainant.
6. That as per the order of this Hon’ble Forum, it has been more than two
years, since the applicant/complainant has been awaiting the payment of
interest amount in compliance of the orders passed by this Hon’ble Forum.
7. That in view of the above circumstances, the applicant/complainant
has been left with no other alternative than to file present execution
application for getting the order of this Hon’ble Forum complied with.
8. That the Respondent/Opposite Party is liable to pay a sum of Rs.
2,90,000/- calculated upto 31.10.2017 alongwith 15% interest till the
realization of the entire amount.
It is therefore most humbly prayed that appropriate directions may
kindly be issued to the Respondent/Opposite Party to pay the amount as per
the order of this Hon’ble Forum.
Any other order or direction which this Hon’ble Forum may deem fit
and proper may kindly be passed in favour of the applicant/complainant.
Dated: ________ Applicant/Complainant
Chandigarh
Through Counsel
(KAMAL [Link])(GURMUKH SINGH)
Advocates
BEFORE THE HON'BLE DISTRICT CONSUMER REDRESSAL FORUM-I,
AT CHANDIGARH
Execution Application No: ______ of 2015
IN
Consumer Complaint No. 325 of 2014
Lalit Kumar Chhabra ..….Applicant/Complainant
Versus
The Managing Director, M/s Chandigarh Royal City Promoters(P) Limited &
Another ……Respondent/Opposite Parties
Affidavit of Lalit Kumar Chhabra son of Lt. Shri
Radha Kishan Chhabra resident of House no. 177/1,
Sector 45-A, Chandigarh.
I, the above named deponent, do hereby solemnly affirm and state as
under:-
1. That the accompanying application is being filed today which is
prima-facie likely to succeed as per the grounds contained therein.
2. That the contents of the application have been read over and
explained to the deponent in simple language which are correct and he has
signed after understanding the same.
3. That no such or similar application has been filed by the
applicant or decided by this Hon’ble Forum or any other Court of India.
Deponent
VERIFICATION:-
Verified that the contents of the above paras no. 1 to 3 of my affidavit
are true and correct to my knowledge. No part of it is false and nothing has
been kept concealed therein.
Verified at Chandigarh on this _____ day of ________ 2018
Deponent
CALCULATION SHEET
Amount Awarded: - Rs. 4,00,000/-(with interest @12% from date of
(booking till 30.04.2013. interest
(@ 15% if not complied within
(One month of order dated 09.07.2015
Interest awraded from: - 01.05.2013 till its realization
Cost of litigation awarded: - Rs. 10,000/-
Interest calculated upto 31.12.2017 @15%
Principal Amount
Interest Period Rs. 4,00,000/-
01.05.2013 to 31.04.2014 Rs. 60,000/-
01.05.2014 to 31.04.2015 Rs. 60,000/-
01.05.2015 to 31.04.2016 Rs. 60,000/-
01.05.2016 to 31.04.2017 Rs. 60,000/-
01.05.2017 to 31.10.2017 Rs. 30,000/-
01.11.2017 to 31.12.2017 Rs. 10,000/-
Total Rs. 2,80,000/-
Total Amount till 31.12.2017
Interest @ 15% on principal Amount Rs. 4,00,000/- :- Rs. 2,80,000/-
Cost of litigation :- Rs. 10,000/-
Total :- Rs. 2,90,000/-
CALCULATION SHEET
Amount Awarded: - Rs. 4,00,000/-(with interest @12% from date of
(booking till 30.04.2013. interest
(@ 15% if not complied within
(One month of order dated 09.07.2015
Interest awraded from: - 01.05.2013 till its realization
Cost of litigation awarded: - Rs. 10,000/-
Interest calculated upto 31.08.2018 @15%
Principal Amount
Interest Period Rs. 4, 00,000/-
01.05.2013 to 31.04.2014 Rs. 60,000/-
01.05.2014 to 31.04.2015 Rs. 60,000/-
01.05.2015 to 31.04.2016 Rs. 60,000/-
01.05.2016 to 31.04.2017 Rs. 60,000/-
01.05.2017 to 31.10.2017 Rs. 30,000/-
01.11.2017 to 31.12.2017 Rs. 10,000/-
01.01.2018 to 31.06.2018 Rs. 30,000/-
01.07.2018 to 31.08.2018 Rs. 10,000/-
Total Rs. 3, 20,000/-
Amount paid till 31.08.2018
Amount paid on 09.05.2018:- Rs. 1, 00,000/-
Amount paid on 04.07.2018:- Rs. 50,000/-
Total Rs. 1, 50,000/-
Total Balance Amount till 31.08.2018
Interest @ 15% on principal Amount Rs. 4,00,000/- :- Rs. 3,20,000/-
Cost of litigation:- Rs. 10,000/-
Total :- Rs. 3,30,000/-
Payment made till 31.08.2018:- Rs. 1,50,000/-
Due amount as on 31.08.2018:- Rs. 1,80,000/-