Facts
The appeal executioner was administered against the order of Punjab State Consumer Disputes Redressal Commission on the date 18.12.2020 in MA/1001/2020 in EA/317/2019 emerged out of CC/736/2018 where the State Commission dissolved MA/1001/2020, bail application moved by the Judgment Debtors. The Appellant Filed IA/2689/2021, an application for forgiveness for the delay with the appeal executioner. There was a delay of 60 days in filing the execution appeal. Though the delay was relieved by the interest of justice, the conflicting parties failed to obey the order on the date 20.12.2018 and the Complainants Holders filed Execution Application No.317/2019 in front of the State Commission. A notice was issued for the party borrower and the parties appeared before the court on 20.01.2020. They gave an undertaking stating the payment in installments including the interest and cost in 5 months in equal to semi-weekly installments. They failed in making the payment even after the passage of a year and so the state commission sent Judgment Debtor No.3 Kanwaljit Singh Ahluwalia, Managing Director of M/s RKM Housing Ltd. to jail for the non-compliance with the order dated 20.01.2020. On 18.12.2020, MA/1001/2020, a bail application was filed which the commission dismissed, and so all this followed the filing of appeal before the commission.
Arguments
The Appellant’s lawyer said that the state commission failed in considering borrowers’ calls for holders to take possession of the plot but they slowed down the matter by making lots of excuses. The counsel also stated that debtor no.3 is in jail although he didn’t commit any crime and the judgment debtors already made two sale deals in favour of the decree holders. It was also yielded that Judgment Debtor No.3 had already assembled the decree on the date 20.12.2018. The counsel asked for debtor no.3 to be released on which the State commission granted relief to the judgment debtors and asked them to provide an appropriate application as to when the payment was complete to the decree holders.
Court’s Observation
The court marshaled the order passed by the state commission and completely understood the reason behind the arrest of the debtor. The Court observed that was only because he failed in doing the payment of the required amount on the time scheduled and even after the completion of a year.
Court’s Decision
The commission decided to dispose of the case on the grounds of disobedience shown to the state commission and there was no reason to contradict the decision given by the state commission earlier.
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