Case Note & Summary
The National Consumer Disputes Redressal Commission (NCDRC) disposed of two appeals, AE/21/2025 and AE/22/2025, filed under Section 73 of the Consumer Protection Act, 2019, against orders dated 20.12.2024 passed by the State Consumer Disputes Redressal Commission, U.T. Chandigarh, in Execution Application No.79/2024 and Execution Application No.68/2023. The appellants were M/s. Manohar Infrastructure & Construction Pvt. Ltd. and its directors, who were judgment debtors in consumer disputes. The respondents were decree holders: Gurdarshan Kaur in AE/21/2025 and Anil Gupta and Abhishek Gupta in AE/22/2025. The core issue was the calculation of the decretal amount due. The State Commission had determined the amount payable as ₹4,44,090/- as on 30.08.2024, based on the original decree dated 16.10.2019 in Consumer Complaint No.31/2019, as modified by the NCDRC's order dated 21.08.2023 in First Appeal No.221/2019, and clarified by order dated 11.12.2023 in Review Application No.319/2023. The appellants argued that the calculation was erroneous, but the NCDRC found no merit in the appeals. The Commission noted that the parties were not in dispute that certain amounts had been released against the total due of ₹23,12,500/-. After hearing arguments via video conferencing, the NCDRC dismissed both appeals, upholding the State Commission's orders. The decision was pronounced on 08.09.2025, with the order reserved on 28.08.2025.
Headnote
A) Consumer Law - Execution of Decree - Calculation of Decretal Amount - Consumer Protection Act, 2019, Section 73 - The appeal challenged the State Commission's order calculating the amount due as ₹4,44,090/- as on 30.08.2024. The National Commission upheld the calculation, finding no error in the State Commission's determination based on the original decree and subsequent modifications. Held that the execution court's calculation was correct and the appeals were dismissed. (Paras 1-7)
Issue of Consideration
Whether the State Commission correctly calculated the decretal amount due to the decree holder in execution proceedings under the Consumer Protection Act, 2019.
Final Decision
Both Appeal Execution No.21 of 2025 and Appeal Execution No.22 of 2025 are dismissed. The impugned orders dated 20.12.2024 passed by the State Commission are upheld.
Law Points
- Consumer Protection Act
- 2019
- Section 73
- Execution proceedings
- Decretal amount calculation
- Interest
- Review clarification
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