Punjab-Haryana High Court
Munna Gupta vs District Consumer Disputes Redressal ... on 31 January, 2024
Neutral Citation No:=2024:PHHC:013445
Neutral Citation No. 2024:PHHC:013445
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
262
CWP-11768-2022
Date of decision: 31.01.2024
MUNNA GUPTA .........Petitioner
VERSUS
DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION,SIRSA AND ANOTHER
........Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
*****
Present:- Mr. Aashish Chopra, Sr. Advocate with
Mr. Vaibhav Narang, Advocate and
Mr. Gagandeep Singh, Advocate
for the petitioner.
Mr. Vivek Chauhan, Addl. A.G. Haryana.
Mr. Sandeep S. Majithia, Advocate for
Mr. Munish Raj Chaudhary, Advocate
for respondent No.2.
*****
VINOD S. BHARDWAJ, J. (Oral)
Challenge in the present writ petition is to the orders dated
08.11.2021 (Annexure P-4) whereby the bailable warrant had been
issued by the District Consumer Disputes Redressal Commission, Sirsa
under Section 72 of the Consumer Protection Act, 2019 for failing to
comply with the order dated 06.02.2020 passed by the learned
Commission. Challenge was also raised to the order dated 09.02.2022
(Annexure P-6) which was a Warrant of Arrest and the order dated
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Neutral Citation No:=2024:PHHC:013445
07.04.2022 whereby the bail application moved on behalf of the
petitioner had been declined and he was sentenced to undergo six
months imprisonment and to pay a fine of Rs. 50,000/- in default.
Counsel for the respondent No.2 contends that the
petitioner/the judgment debtor has already deposited the awarded
amount of Rs. 6,11,808/- and alongwith the fine as imposed. The same
had been deposited with the District Consumer Disputes Redressal
Commission, Sirsa, however, the disbursement of the said amount has
been stayed vide order dated 02.06.2022. Counsel for the respondent
No.2 has no objection in case the above said order sentencing the
petitioner is set aside and that the awarded amount already deposited by
the petitioner be ordered to release in his favour as full and final
settlement of all his dues.
Learned counsel appearing on behalf of the petitioner also
agrees to the same.
Having heard the learned Counsels appearing on behalf of
the respective parties and having noticed that the awarded amount has
already been deposited and the respondent No.2-decree holder has no
objection to the sentence being waived.
The present writ petition is allowed. The impugned orders
including order dated 07.04.2022 sentencing the petitioner to six
months simple imprisonment is accordingly set aside. The amount
already deposited by the petitioner with the Executing Court-District
Consumer Disputes Commission, Sirsa be released within period of
four weeks of receipt of certified copy of this order in favour of the
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respondent No.2-complainant alongwith accrued interest, if any,
thereupon towards full and final settlement of the claim.
(VINOD S. BHARDWAJ)
JUDGE
JANUARY 31, 2024
Vishal sharma
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:013445
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