State Consumer Disputes Redressal Commission
Mr. Pradip S. Shelte vs M/S. Joshna Estate Developers Pvt.Ltd. on 13 June, 2016
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-BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
Execution Application No. EA/12/13
(Arisen out of order dated 17/09/2009 in CC/02/429)
1. Shri Pradip Sitaram Shelte,
A-406, Ramkrishana Apartment, Kedar
Chowk,
Tembipada Road, Bhandup, Mumbai 400
078.
2. Shri Jayan Radhakrishnan Nambiar,
302, Saiparsha,m Plot No.74, Sec.19,
Nerul,
Navi Mumbai 400 706.
3. Shri Ashok Motiram Govalkar,
Type III A/10/118, RCF Colony, Chembur,
Mumbai 400 074.
4. Shri Manickam Munian,
Type III A/10/112, RCF Colony, Chembur,
Mumbai 400 074.
5. Smt. Leela Nambiar,
11, Tejal Bhuvan, N.P. Thakkar Road,
Vile Parle East, Mumbai 400 056.
6. Shri Nitin Uddhav Deshpande,
Flat No.8, Torana CHS, Plot No.2A,
Sec. 15, Nerul, Navi Mumbai 400 706.
7. Shri Wilfrade G. D'souza,
401 A, Silver Thread, Vakola,
Santacruz East, Mumbai 400 055. ...........Executant(s)
Versus
1. M/s. Joshua Estate Developers Pvt.
Ltd. - Deleted.
Mukta CHS Ltd., Near Panchavati Aksha
Hotel,
Ambachi Road, Vasai West.
2. Shri P.K. Thomas - Deleted ...........Opponents/Accused.(s)
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Managing Director,
Mukta CHS Ltd., Near Panchavati Aksha
Hotel,
Ambachi Road, Vasai West.
3. Shri B.S. Menghe,
R/at Type II/18/403, RCF Colony,
Chembur,
Mumbai 400 074.
4. Shri Rajaram M. Sawant, - Abated
R/at R.No.201, A Wing, Gulmohar CHS,
Pakhadi, Kharegaon, Kalwa, Thane 400
605.
5. Shri Sunil R. Batwalkar,
R/at Shri Saikrupa CHS, Juinagar,
Sec. 23, Navi Mumbai.
BEFORE:
HON'BLE Mr.A.P. Bhangale, PRESIDENT
HON'BLE MR. Narendra Kawde MEMBER
PRESENT:Executants along with Advocate Mr.Padmanabh Pise
Accused No.3 Mr.B.S. Menghe and Accused No.5 Mr.Sunil
R. Batwalkar are present along with Advocate Mr. Uday
Wavikar.
ORDER
Per Hon'ble Mr. Justice A.P. Bhangale, President
Heard Submission of both the sides on execution application u/sec 27 of Consumer Protection Act, 1986 Today Ld.Advocate Mr.Wavikar for the opponent/accused apprehending jail for opposite party prayed for interim stay to the execution proceeding of the order dated 10/06/2016 for non-compliance of the final order passed by us, which is subject matter of the present execution proceeding no.EA/12/13. He prayed for suspension of sentence pending the appeal and for release of opponents/accused on bail. We have queried whether any appeal is pending so as to attract 3/4 Section 389 of Cr.P.C. Advocate Mr.Wavikar submitted that the appeal is being prepared by him. Shri Wavikar prayed for bail in view of impending action of remanding opponent to the jail custody for non-obedience of the final order in CC/02/429. In our view, since we have accorded a fair opportunity in execution proceeding to the opponents/accused including following summary procedure as contemplated under the Code of Criminal Procedure in order to hear the opponents, we have also recorded evidence in accordance with law of summary trial execution proceeding and recorded statement of accused in defence. Opponents/accused, in spite of final order, have chosen to simply deny their liability while admitting material facts. They were also given opportunity to lead evidence in defence, if any, so as to clarify as to why the final order was not complied and obeyed. They were also accorded liberty to lead evidence of witnesses. However, despite recording of evidence in the present case though long and time consuming, there can be no excuse for the opponents to disown their liability pursuant to the final order to refund the amounts to the complainants. We have already mentioned about this liability of the opponents in order dated 10/06/2016. Opponents no.3 and 5 have shown no remorse for non-payment of the amounts to the complainants/award holders who are entitled to enforce the operative order inclusive of direction as to payment of interest on the amounts to be refunded as also compensation and costs directed to be paid. We, therefore, have no other option but to remand the disobedient opponents no.3 and 5 to jail custody directing that unless they pay the entire awarded amounts pursuant to the final order in CC/02/429 decided on 17/09/2009 pursuant to the evidence recorded in executing proceedings. Unless and until the opponents/accused no.3 and 5 pay the entire amount as awarded they shall continue to be detained in jail custody and imprisonment, maximum to the extent of term of three years as permissible under Section 27 of the Consumer Protection Act from the date of this order. In the event they pay the entire amount as awarded, they shall be released after order upon reference to this Commission. It is 4/4 made clear that the opponents are being taken in custody pursuant to the non-obedience of the final order passed by this Commission with a direction that until and unless final order is complied by the opponent/accused no.3 and 5 Shri B.S. Menghe and Shri Sunil R. Batwalkar respectively they shall continue to be remanded to the jail custody and shall be sent to undergo imprisonment alike civil detenue in the jail subject to maximum jail custody of three years. Order accordingly.
Pronounced Dated 13th June, 2016.
[HON'BLE Mr.Justice A.P. Bhangale] PRESIDENT HON'BLE MR. Narendra Kawde] MEMBER ep