State Consumer Disputes Redressal Commission
M/S Greenfield Sites Management Pvt. ... vs Anuradha Kalia on 23 October, 2015
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH First Appeal No. : 256 of 2015 Date of Institution : 08.10.2015 Date of Decision : 23.10.2015 M/s Greenfield Sites Management Pvt. Limited, through its Managing Director, Fashion Technology Park, Sohana Landra Road, Opposite Lakhnaur Cold Storage, Sector 90, Mohali (Punjab). Now at SCO 18, Back Side, Sector 20-D, Chandigarh. ......Appellant/Opposite Party No.2. Versus Anuradha Kalia d/o Sh.Rattan Chand Kalia r/o 235, Rose Park, Gulab Devi Hospital Road, Jalandhar - 144008. ....Respondent/Complainant. Appeal under Section 15 of the Consumer Protection Act, 1986. Argued by: Sh.Surjeet Bhadu, Advocate for the appellant/Opposite Party No.2. First Appeal No. : 257 of 2015 Date of Institution : 08.10.2015 Date of Decision : 23.10.2015 M/s Chandigarh Overseas Pvt. Ltd. through its Managing Director, Fashion Technology Park, Sohana Landra Road, Opposite Lakhnaur Cold Storage, Sector 90, Mohali (Punjab). Now at Registered Office S.C.O. 249, Sector 44-C, Chandigarh - 1600047. ......Appellant/Opposite Party No.1. Versus Anuradha Kalia d/o Sh.Rattan Chand Kalia r/o 235, Rose Park, Gulab Devi Hospital Road, Jalandhar - 144008. ....Respondent/Complainant. Appeal under Section 15 of the Consumer Protection Act, 1986. BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT. SMT. PADMA PANDEY, MEMBER.
Argued by:
Sh.Surjeet Bhadu, Advocate for the appellant/Opposite Party No.1.
PER JUSTICE JASBIR SINGH (RETD), PRESIDENT (ORAL) This order shall dispose of two appeals bearing Nos.256 of 2015 and 257 of 2015, filed by both the Opposite Parties, against an order dated 05.12.2014 passed by District Consumer Disputes Redressal Forum-II, UT, Chandigarh (in short the Forum) in Consumer Complaint No.366 of 2014.
2. This order is being passed by taking facts from First Appeal No.256 of 2015.
3. On 12.10.2015 following order was passed by this Commission :-
"As per office report, the record of the District Forum has been received.
Alongwith the appeal, an application for condonation of 264 days as per the applicant/appellant (as per office report 252 days), in filing the same (appeal), has been filed.
In terms of order dated 29.09.2015 passed by this Commission in First Appeal No.242 of 2015, Sh. Surjeet Bhadu, Advocate, Counsel for the applicant/appellant seeks time to produce Managing Director/Director alongwith the Authorised Signatory, in Court on the next date of hearing.
Sh. Surjeet Bhadu, Advocate is directed to file an affidavit to the effect that who is the present Managing Director/Director of M/s Greenfield Sites Management Pvt. Ltd. with their latest addresses.
On request, adjourned to 23.10.2015 for preliminary hearing.
It is made clear that in case, the order is not complied with, then this appeal will be dismissed for non-compliance. "
4. The Managing Director/Director of the appellant are not present in court. Explanation for their absence has not been furnished by Counsel for the appellant. It is only stated by their Counsel that the appellant wish to file an application to modify the above order. As on today, no such application has been filed.
5. On the last date of hearing i.e. 12.10.2015 Counsel for the appellant was also directed to file an affidavit stating as to who are the present Managing Director/Director of the appellant Company. The said affidavit has not been filed. It is apparent from the aforesaid act that the appellant has not given any explanation for condonation of delay and further it is an attempt to run away from the hands of law.
6. This Commission has noted with concern that in large number of cases, the Opposite Parties/Judgment Debtors are not allowing the execution of the judgments passed against them.
7. On our asking, Sh.Surjeet Bhadu, Advocate, Counsel for the appellant told us that there are two cases, in which, conviction has been awarded to the Managing Director of the appellant. Besides the aforesaid two cases, two Execution Applications bearing Nos.17 of 2015 titled as 'Rajiv Kapur Vs. Chandigarh Overseas Private Limited' and 18 of 2015 titled as 'Priti Kapur Vs. Chandigarh Overseas Private Limited' are pending today before this Commission, in which, warrants of arrest has been issued. The conviction was awarded against the then Managing Director/Director of the Company, their warrants could not be executed to undergo the sentence awarded.
8. In the meantime, the management of the Company have changed and as per information supplied by Counsel for the appellant, Sh.Gursharan Batra has taken over as Director of the Company and Sh.Hardyal Singh Mann is continuing as Director. The execution of the orders passed is being avoided. It is also seen that in most of the cases by putting in one or other excuse, Managing Director/Director of the appellant Company are avoiding to put in appearance before the Forum. Exparte orders were passed against the appellant, those were challenged in this Commission. Those cases were remanded back for fresh hearing to the Forum. It was done, keeping in view the interest of justice. Now we have realized that attempt of the appellant in not putting in appearance before the Forum was deliberate and the appellant Company is doing it to get time. On the last date of hearing, it was specifically stated that if order passed on the said date i.e. 12.10.2015 is not complied with, this appeal will be dismissed for non-compliance. There is no compliance of the order passed.
9. In view of the facts mentioned above, both the First Appeal bearing Nos.256 of 2015 and 257 of 2015, filed by both the Opposite Parties, are dismissed, at the preliminary stage.
10. Certified copy of this order be placed in the file of First Appeal No.257 of 2015.
11. Certified copies of this order be also sent to the parties, free of charge.
12. The file be consigned to Record Room, after completion.
Pronounced. Sd/- October 23, 2015. [JUSTICE JASBIR SINGH (RETD.)] PRESIDENT Sd/- (PADMA PANDEY) MEMBER rb