M/S. YELLOW STONE BUILDERS PVT. LTD. & ORS. vs LALIT KUMAR DHIMAN

This appeal has been filed by the appellant against the order dated 13.05.2014 passed by the State Consumer Disputes Redressal Commission, UT, Chandigarh (in short, ''the State Commission'') in Execution Application No. 14/2014 in Complaint No. 63 of 2013 - Lalit Kumar Dhiman Vs. M/s. Yellow Stone Builders Pvt. Ltd. & Ors. by which, Mrs. Paramjot Kaur and Mr. Tejinder Singh, Directors of OP/appellants were sentenced to undergo imprisonment for a period of 2 years and directed to pay a fine of Rs.10,000/-.

Brief facts of the case are that complainant/respondent filed Complaint No. 63 of 2013 against OP/Appellant No. 1 & 2 before State Commission and learned State Commission vide ex-parte order dated 26.11.2013 allowed complaint and directed OP to refund Rs.21,60,120/- and further awarded Rs.10,000/- as litigation cost. Complainant filed Execution Application before State Commission and learned State Commission vide impugned ex-parte order dated 13.5.2014 sentenced OPs as mentioned above against which, this appeal has been filed.

Heard learned Counsel for the parties and perused record.

During pendency of appeal, complainant filed affidavit dated 15.7.2014 in which it was submitted that matter has been compromised and Rs.28,00,000/- vide Bank Draft dated 14.7.2014 has been paid by OP to complainant towards full and final settlement and nothing remains due in the Execution Application. Respondent again filed affidavit dated 25.8.2014 asserting same facts and submitted that as execution has fully been satisfied, respondent has no objection if impugned order passed by learned State Commission is set aside.

Learned Counsel for the appellant submitted that as matter has been settled between the parties and more than due amount has already been paid by appellant to respondent, impugned order be set aside. Learned Counsel for the respondent again admitted receipt of payment and submitted that in the light of compromise, impugned order be set aside.

As matter has been settled between the parties and due amount has already been paid by appellant to respondent and nothing remains due to be satisfied in Execution Application, it would be appropriate to set aside order of sentence and fine passed by State Commission against appellants.

Consequently, appeal filed by the appellant is allowed and impugned order dated 13.5.2014 passed by the State Commission, UT, Chandigarh (in short, ''the State Commission'') in Execution Application No. 14/2014 in Complaint No. 63 of 2013 - Lalit Kumar Dhiman Vs. M/s. Yellow Stone Builders Pvt. Ltd. & Ors. is set aside, as matter has been settled between the parties and Execution Petition stands satisfied.