Failure to comply with court orders lands builder in soup

Tribune News Service

Chandigarh, October 31

Failure to comply with the order passed by State Consumer Disputes Redressal Commission has proved costly for a builder.

The Commission has directed the Deputy Commissioner, Mohali, to attach the front office of Manohar Infrastructure and Constructions Pvt Ltd, New Chandigarh, Mohali, and their project “Palm Garden” at Mullanpur and also appoint a receiver.

The commission also restrained the judgment debtors from making any sale of any of the flats/plots until the issue is resolved.

Advocate Narender Yadav said, “Santosh Kumari Sharma, a resident of Sector 32, Chandigarh, paid Rs 13.50 lakh in 2012 to buy a plot in their project ‘Palm Garden’ but they neither gave possession nor signed any agreement. On April 17, 2018, she filed a complaint with the commission and on November 2, 2018, the commission directed the directors to refund Rs 13.50 lakh along with 13 per cent interest.” 

The commission also directed the directors to pay compensation of Rs 75,000 for causing mental agony and physical harassment, to the complainant, as also escalation in prices and to pay cost of litigation to the tune of Rs 33,000 to the complainant, added the advocate.

Even the judgment debtors filed appeal before the National Consumer Disputes Redressal Commission, New Delhi, which has been dismissed. 

Thereafter, they approached the Supreme Court of India. “The special leave petitions are dismissed as withdrawn. The deposit, as ordered by the National Consumer Disputes Redressal Commission shall be made within four weeks from today,” read the order.

“Thus, it is very much clear that the judgment debtors have failed to comply with the orders of the Consumer Forum as well as order passed by the Supreme Court,” the Commission observed.

On July 25, 2019, bailable warrants against Tarninder Singh and Narinderbir Singh, Directors of Manohar Infrastructure and Constructions Pvt Ltd, were issued for September 5, 2019.

However, on the said date, a report submitted by police officials states that as and when raids were conducted, the directors were not found present at the given addresses and their bailable warrants received back unexecuted.

“Let the presence of Tarninder Singh and Narinderbir Singh be now secured through non-bailable warrants of arrest for the next date of hearing,” observed the commission and directed the Senior Superintendent of Police of Chandigarh and Mohali to make efforts for the due execution of warrants of arrest and report be submitted by the aforesaid officer on or before the next date of hearing.

The Commission issued further directions to the aforesaid officers to deploy the police officials to execute the bailable warrants of arrest not below the rank of Deputy Superintendent of Police (DSP).

The commission adjourned the case to November 25, 2019 for further proceedings.