| 08-May-2026 |
PENDING |
Due to Administrative exigencies, the execution petition is adjourned to 26.08.2026 for the purpose as already fixed. |
ARUN KUMAR PHOOL SINGH SAINI |
View Order |
08-May-2026 |
| 06-Mar-2026 |
PENDING |
Matter to come up on 08.05.2026 for
further proceedings. |
VIJAY KUMAR GOYAL |
View Order |
12-Mar-2026 |
| 11-Feb-2026 |
PENDING |
Matter to come up on 06.03.2026 for
further proceedings. |
VIJAY KUMAR GOYAL |
View Order |
23-Feb-2026 |
| 09-Dec-2025 |
PENDING |
Due to Administrative exigencies, the
execution petition is adjourned to 11.02.2026 for the purpose as already fixed. |
ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN PHOOL SINGH SAINI |
View Order |
09-Dec-2025 |
| 23-Apr-2025 |
PENDING |
Matter is adjourned to 26.09.2025. |
RAJINDER KUMAR |
View Order |
05-May-2025 |
| 11-Mar-2025 |
PENDING |
It is pointed out that order under execution
has been rectified by the Authority through the order dated 24.12.2024. Now the
respondent/builder has been directed to refund the entire paid up amount by the
complainant i.e. Rs. 94,87,406/- along with interest @ 10.75% per annum as
prescribed under Rules 15 of the Rules 2017.
On previous
date JD was directed to disclose its assets/properties including bank account
to realize decretal amount till today, by filing an affidavit to be sworn by
anyone from its directors. No such affidavit is filed.
Learned
counsel for JD handed over two cheques for an amount of Rs. 17,50,000-/- each
to the counsel for DH who accepts the same as part payment. Parties to file
their fresh calculation.
To come on 23.04.2025
for further proceedings. |
RAJINDER KUMAR |
View Order |
19-Mar-2025 |
| 13-Nov-2024 |
PENDING |
This is a
petition seeking execution of order passed by the Authority dated 21.11.2023.
The respondent/promoter has been directed to refund the entire paid-up amount
of Rs.1,44,76,467/- received by it from the complainant along with interest at
the rate of 10.75% p.a. from the date of filing of the complaint i.e.
18.12.2020 till the actual realization of the amount.
As
per learned counsel for DH, no amount has been recovered till now. On the other
hand, learned counsel for JD requests to dismiss the execution petition
alleging that same is a nullity as this order was passed in respect of two
complaints filed by two complainants independently. One complaint has been
decided through order under execution. Secondly, his client i.e. JD approached
the High Court, by filing a writ petition i.e. CWP-23724-2024. Said petition
was dismissed as withdrawn on 18.09.2024 with liberty to approach the
Authority, under section 39 of the Act of 2016. His client i.e. JD filed an
application, before the Authority with prayer for rectification of order which
is still to be listed for hearing.
Learned
counsel contends further that through order under execution, it was clarified
by the Authority that in pursuance of order in CR No. 3170/2021, if
respondent-builder has already refunded any amount to the complainant then the
same (respondent-builder) is directed to adjust/deduct such refunded amount
from the paid up amount of Rs.1,44,76,467/- and to pay the balance amount-----.
Learned counsel for DH admits that a sum of
Rs.41,34,700/- has already been received by complainant in that case i.e. Harsh
Joneja. He requests for direction to JD to pay remaining amount only with
interest.
Learned
counsel for JD requests not to pass any order in this petition, till aforesaid
application is decided by the Authority. Counsel for DH, requests to proceed
further stating that there is no stay against execution proceedings either from
the Authority or from any higher Court/Tribunal.
Admittedly,
there is no stay against execution proceedings. I see no reason to adjourn the matter.
Admittedly, decretal amount has not been paid
till now, learned counsel for DH requests for direction to JD to
disclose its assets/properties including bank account and unsold inventories
which can be attached to realize the decretal amount. Request is allowed. JD is
directed to disclose its assets/properties including bank account and unsold
inventories which can be attached to realize the decretal amount. Information
be given in the form of affidavit to be sworn by anyone from directors of JD,
preferably by Managing Director. At the same time, Tehsildar (Recovery Cell) of
Authority be asked to enquire about the properties of JD and to file his report
till next date.
To come on 11.03.2025
for further proceedings. |
RAJINDER KUMAR |
View Order |
21-Nov-2024 |
| 08-Aug-2024 |
PENDING |
Matter is adjourned to 13.11.2024. |
RAJINDER KUMAR |
View Order |
12-Aug-2024 |
| 06-May-2024 |
PENDING |
Matter is adjourned to 08.08.2024. |
RAJINDER KUMAR |
View Order |
10-Jun-2024 |
| 03-May-2024 |
FIRST HEARING |
Matter is adjourned to 06.05.2024. |
RAJINDER KUMAR |
View Order |
24-May-2024 |