State Consumer Disputes Redressal Commission
Mrs. Manveen Grewal vs M/S Castle Concrete Infrastructure ... on 19 January, 2021
Daily Order State Consumer Disputes Redressal Commission U.T., Chandigarh. Miscellaneous Application No.822 of 2020 in Execution Application No.37 of 2011 Brig. D. S. Grewal son of Col. Pritam Sigh R/o H.No.270, Sector 33-A, Chandigarh. Mrs. Manveen Grewal wife of Brig. D. S. Grewal, R/o H.No.270, Sector 33-A, Chandigarh. ...Decree Holders/Complainants. Versus M/s Castle Concrete Infrastructure Pvt. Ltd., Booth No.229, Sector 37-C/D, Chandigarh & Balaji Enclave, Gunai Road, Village Tipra, Barotiwala, H.P. Mr. Aashish Goel, Director, M/s Castle Concrete Infrastructure Pvt. Ltd., Booth No.229, Sector 37 C/D, Chandigarh. Now residing at : C/o Smt. Santosh Goel (Mother of Ashish Goel) #40-S, Model Town, Near Chhoti Sabzi Mandi, Hisar (Haryana). IInd Address: House No.1534, Sector 14, Hisar (Haryana). And at: C/o Shri Suraj Mal Bhakar (Father of Sumita Goel) 5134/3, Vishwas Apartments, Manimajra Housing Complex Chandigarh. Mrs. Sumita Goel, Director, M/s Castle Concrete Infrastructure Pvt. Ltd., Booth No.229, Sector 37-C/D, Chandigarh. Now residing at : C/o Smt. Santosh Goel (Mother of Ashish Goel) #40-S, Model Town, Near Chhoti Sabzi Mandi, Hisar (Haryana). IInd Address: House No.1534, Sector 14, Hisar (Haryana). And at: C/o Shri Suraj Mal Bhakar (Father of Sumita Goel) 5134/3, Vishwas Apartments, Manimajra Housing Complex Chandigarh. ....Judgment debtors. APPLICATION FOR SUSPENSION OF SENTENCE AND RELEASE ON BHALF OF JUDGMENT DEBTOR NO.2 - SH. AASHISH GOEL. ARGUED BY :- Sh. Deepak Aggarwal, Advocate for the decree holders alongwith Sh. D. S. Grewal, decree holder/complainant No.1 in person. Sh. Kunal Kukreja, Advocate for Sh. Aashish Goel (judgment debtor No.2), Director of M/s Castle Concrete Infrastructure Pvt. Ltd. undergoing sentence in Model Jail, Burail, Chandigarh awarded vide order dated 17.05.2012. Miscellaneous Application No.820 of 2020 in Execution Application No.35 of 2011 Col. Pritam Singh (Retd.) son of Late S. Bishan Singh, resident of H.No.270, Sector 33 A, Chandigarh. Mrs. Dulip Kaur wife of Col. Pritam Singh (Retd.), resident of H.No.270, Sector 33 A, Chandigarh. ...Decree Holders/Complainants. Versus M/s Castle Concrete Infrastructure Pvt. Ltd., Booth No.229, Sector 37-C/D, Chandigarh & Balaji Enclave, Gunai Road, Village Tipra, Barotiwala, H.P. Mr. Aashish Goel, Director, M/s Castle Concrete Infrastructure Pvt. Ltd., Booth No.229, Sector 37 C/D, Chandigarh. Now residing at : C/o Smt. Santosh Goel (Mother of Ashish Goel) #40-S, Model Town, Near Chhoti Sabzi Mandi, Hisar (Haryana). IInd Address: House No.1534, Sector 14, Hisar (Haryana). And at: C/o Shri Suraj Mal Bhakar (Father of Sumita Goel) 5134/3, Vishwas Apartments, Manimajra Housing Complex Chandigarh. Mrs. Sumita Goel, Director, M/s Castle Concrete Infrastructure Pvt. Ltd., Booth No.229, Sector 37-C/D, Chandigarh. Now residing at : C/o Smt. Santosh Goel (Mother of Ashish Goel) #40-S, Model Town, Near Chhoti Sabzi Mandi, Hisar (Haryana). IInd Address: House No.1534, Sector 14, Hisar (Haryana). And at: C/o Shri Suraj Mal Bhakar (Father of Sumita Goel) 5134/3, Vishwas Apartments, Manimajra Housing Complex Chandigarh. ....Judgment debtors. APPLICATION FOR SUSPENSION OF SENTENCE AND RELEASE ON BHALF OF JUDGMENT DEBTOR NO.2 - SH. AASHISH GOEL. PRESENT (THROUGH VIDEO CONFERENCING) - Sh. Deepak Aggarwal, Advocate for the decree holders alongwith Sh. D. S. Grewal, son/representative of the decree holders. Sh. Kunal Kukreja, Advocate for Sh. Aashish Goel (judgment debtor No.2), Director of M/s Castle Concrete Infrastructure Pvt. Ltd. undergoing sentence in Model Jail, Burail, Chandigarh awarded vide order dated 17.05.2012. Miscellaneous Application No.821 of 2020 in Execution Application No.36 of 2011 Mrs. Manveen Grewal wife of Brig. D. S. Grewal, R/o H.No.270, Sector 33-A, Chandigarh. Brig. D. S. Grewal son of Col. Pritam Sigh R/o H.No.270, Sector 33-A, Chandigarh. ...Decree Holders/Complainants. Versus M/s Castle Concrete Infrastructure Pvt. Ltd., Booth No.229, Sector 37-C/D, Chandigarh & Balaji Enclave, Gunai Road, Village Tipra, Barotiwala, H.P. Mr. Aashish Goel, Director, M/s Castle Concrete Infrastructure Pvt. Ltd., Booth No.229, Sector 37 C/D, Chandigarh. Now residing at : C/o Smt. Santosh Goel (Mother of Ashish Goel) #40-S, Model Town, Near Chhoti Sabzi Mandi, Hisar (Haryana). IInd Address: House No.1534, Sector 14, Hisar (Haryana). And at: C/o Shri Suraj Mal Bhakar (Father of Sumita Goel) 5134/3, Vishwas Apartments, Manimajra Housing Complex Chandigarh. Mrs. Sumita Goel, Director, M/s Castle Concrete Infrastructure Pvt. Ltd., Booth No.229, Sector 37-C/D, Chandigarh. Now residing at : C/o Smt. Santosh Goel (Mother of Ashish Goel) #40-S, Model Town, Near Chhoti Sabzi Mandi, Hisar (Haryana). IInd Address: House No.1534, Sector 14, Hisar (Haryana). And at: C/o Shri Suraj Mal Bhakar (Father of Sumita Goel) 5134/3, Vishwas Apartments, Manimajra Housing Complex Chandigarh. ....Judgment debtors. APPLICATION FOR SUSPENSION OF SENTENCE AND RELEASE ON BHALF OF JUDGMENT DEBTOR NO.2 - SH. AASHISH GOEL. PRESENT (THROUGH VIDEO CONFERENCING) - Sh. Deepak Aggarwal, Advocate for the decree holders alongwith Sh. D. S. Grewal, decree holder/complainant No.2 in person. Sh. Kunal Kukreja, Advocate for Sh. Aashish Goel (judgment debtor No.2), Director of M/s Castle Concrete Infrastructure Pvt. Ltd. undergoing sentence in Model Jail, Burail, Chandigarh awarded vide order dated 17.05.2012. BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT PADMA PANDEY, MEMBER RAJESH K. ARYA, MEMBER Dated: 19/01/2021 ORDER
PER RAJESH K. ARYA, MEMBER.
Vide this common order, we would like to dispose of above captioned miscellaneous applications ( bearing Nos.822 of 2020, 820 of 2020 and 821 of 2020 filed on behalf of Sh. Aashish Goel, Director of M/s Castle Concrete Infrastructure Pvt. Ltd.) for suspension of sentence and release from jail.
2. It may be stated here that Sh. Aashish Goel, judgment debtor No.2, in these three execution applications, is undergoing sentence for a period of 2½ years in Model Jail, Burail, Chandigarh, which was awarded by this Commission vide order dated 17.05.2012 for non-compliance of order dated 20.07.2010 under execution. Fine of Rs.10,000/- each in all the three execution applications was also imposed upon him and in failure to pay the same, he was further directed to undergo imprisonment for six months.
3. In these applications, the suspension of sentence has been sought on the ground that in pursuant to compromise deed 20.02.2020 executed between the decree holders and the judgments debtors, the applicant/judgment debtor No.2 is to pay a total sum of Rs.1 crore 5 lakhs to the decree holders, out of which, the decree holders have already received an amount of Rs.30 Lakhs and the remaining amount of Rs.75 Lakhs was to be segregated and paid in consecutive nine monthly installments. It is further stated that the decree holders, after collecting the substantial amount of Rs.30 Lakhs, has resiled back from the compromise. It is further stated that the decree holders trapped the applicant/judgment debtor No.2 in a well calculated manner by lodging FIR and even by filing false and fabricated cases u/s17 of Consumer Protection Act, 1986 and under Section 138 of the Negotiable Instruments Act, 1881. It was further stated that another amount of Rs.21 Lakhs approximately has also been paid to the decree holders towards the assured rentals and further amount of Rs.1,30,800/- has been deposited before this Commission by way of demand draft on 19.03.2020. It is further stated that in totality, an amount of Rs.82,30,800./- has been paid to the complainants and inspite of that Sh. Aashish Goel, judgment debtor No.2 is serving the punishment.
4. Counsel for the applicant/judgment debtor No.2 also argued that by accepting the partial sum of Rs.30 Lakhs, the decree holders accepted the compromise deed to this extent and as such, he cannot back out at this stage from the said compromise deed. However, he prayed that the sentence of Sh. Aashish Goel, judgment debtor No.2 be suspended as he is ready to further pay an amount of Rs.10 Lakhs to the decree holder.
5. On the other hand, Counsel for the decree holders argued that these applications deserve outright dismissal on the ground that the award passed against the judgment debtors has already become final and further for non-compliance of the order under execution, Sh. Aashish Goel, judgment debtor No.2 has already been sentenced to undergo imprisonment vide order dated 17.05.2012. He further argued that Sh. Aashish Goel, judgment debtor No.2 from the day one was reluctant to surrender before this Commission and he evaded the bailable/non-bailable warrants issued by this Commission umpteen number of times to secure his presence. He further argued that the compromise deed, in question, was got executed from the decree holders under coercion and the decree holders want their full decretal amount.
6. We have heard the Counsel for the parties and have gone through the record of the case.
7. Before proceeding further, we want to state here that the liability of the judgment debtors in all the three execution applications, as on today, is more than Rs.2 crores.
8. First of all, it is important to mention here that on the request of Counsel for the applicant/Sh. Aashish Goel, judgment debtor No.2, physical hearing was afforded in these matters to settle the dispute. However, on 08.01.2021, Counsel for the applicant/Sh. Aashish Goel, judgment debtor No.2 offered to make payment of Rs.10 Lakhs to the decree holders, which offer was out rightly rejected by Brig. D. S. Grewal, Decree Holder No.1 in the presence of his Counsel. Even earlier also, opportunity was given to the judgment debtors during Lok Adalat on 12.12.2020, however, the judgment debtors failed to settle the dispute and also failed to honour the decree passed.
9. In our considered opinion, these applications seeking suspension of sentence of Sh. Aashish Goel, judgment debtor No.2 deserve dismissal for the reasons to be recorded hereinafter:-
10. It may be stated here that in this case, Brig. D. S. Grewal, Decree Holder No.1, who is a decorated soldier and son of Col. Pritam Singh, a 2nd World War Veteran, fought on the borders of the country to protect the integrity of the country, had lost his hard earned money due to the malpractices and fraudulent transactions of the builder/judgment debtors. The decree under execution was passed on 20.07.2010 and when the opposite parties (judgment debtors herein) failed to comply with the said order, these execution applications were filed on 08.12.2011. In execution proceedings, the judgment debtors did not appear before this Commission despite duly served and as such, they were accordingly proceeded against exparte on 08.05.2012. Thereafter, vide order dated 17.05.2012, sentence was imposed upon the judgment debtors as under:-
"15. In view of what has been discussed above, we are of the considered opinion, that it is eminently a fit case, in which he provisions of Section 27 of the Act, should be invoked, with all rigor. Keeping in view the facts and circumstances of the case, unended travails and miseries of the complainants/Decree Holders, contumacious defiance of the order dated 2007.2010, with impunity, by the Judgment Debtors/Opposite Parties, and considering the fact that the faith of the Consumers, is not shattered, in the Consumer Foras, set up for speedy redressal of grievances, the Judgment Debtors/Opposite Parties, do not deserve any leniency, in the matter of imposition of sentence. The Judgment Debtors/Opposite Parties are sentenced, under Section 27 of the Act, as under ;
Sr. No. Name of the Judgment Debtors/Opposite Parties Sentence awarded U/s 27 of the Act
1. M/s Castle Concrete Infrastructure Pvt. Ltd. (Judgment Debtor No.1/Opposite Party No.1) Sentenced to pay a fine of Rs.10,000/-, in default of payment of fine, the amount shall be recovered from its property.
2. Mr. Ashish Goel, Managing Director/Director (Judgment Debtor No.1/Opposite Party No.2) Sentenced to undergo imprisonment for a period of 2½ years and to pay a fine of Rs.10,000/-, in default of payment of fine, to undergo further imprisonment for 6 months.
3. Mrs. Sumita Goel, Director (Judgment Debtor No.3/Opposite Party No.3) Sentenced to undergo imprisonment for a period of 2½ years and to pay a fine of Rs.10,000/-, in default of payment of fine, to undergo further imprisonment for 6 months.
11. Even thereafter, Sh. Aashish Goel, judgment debtor No.2 did not appear before this Commission and kept on evading the service of bailable/non-bailable warrants. Unfortunate aspect of the case was that even the Chandigarh Police was hapless to nab him and his wife, namely, Smt. Sumita Goel, judgment debtor No.3. They both were declared proclaimed offender vide order dated 31.05.2016. It is also pertinent to mention here that Sh. Aashish Goel was once arrested by Chandigarh Police but he was released on the way to Chandigarh from Satna (Madhya Pradesh) without any cogent reason and raising a flimsy plea that he escaped from the custody of Chandigarh Police. Ultimately, he was arrested on 29.01.2020 and was produced before this Commission on 30.01.2020. A due opportunity was granted to him to make the payment of the entire decretal amount but he showed his inability to pay the same. As such, since already a sentence order had been passed against him, his sentence warrant was prepared and he was sent to Model Jail, Burail, Chandigarh to undergo awarded sentence. His wife i.e. judgment debtorNo.3 is still at large.
12. It may also be stated here that the petition (No.451 of 2020) under Section 439 Cr.P.C for grant of regular bail in Case FIR No.458 dated 23.10.2009 u/s 420, 406, 120-B, I.P.C. moved by the applicant/judgment No.1 (Aashish Goel) before the Court of Additional Sessions Judge, Chandigarh was dismissed vide order dated 07.05.2020. While doing so, it was recorded by the said Court that "Even the compromise cannot be said to have been finalized as during the course of arguments, the counsel for the petitioner himself also argued that the complainant is now demanding more money." It was also observed that Sh. Aashish Goel though declared proclaimed offender on 27.09.2012 yet he was arrested after a long period of eight years. It was also observed that the past conduct of the petitioner showed that if he is released on bail then there is possibility of his running away to escape the trial. Not only this, his third bail application bearing No.1384 of 2020 was also dismissed by the same Court vide order dated 25.11.2020 wherein it was observed that the conduct of the petitioner showed that he evaded the process of law for a long time and that also would point to the mensrea for the offence on his part. The Court also observed that the payment made by the petitioner in pursuance to the compromise or as deposited before this Commission in consumer complaint would also not wipe out the offence at this stage. It may also be mentioned here that even the pre-arrest bail application bearing Crl. Misc. NoM-32927 of 2009 moved by Sh. Aashish Goel, judgment debtor No.2 before Hon'ble High Court of Punjab and Haryana was dismissed vide order dated 07.05.2010 wherein the Hon'ble High Court observed that the complainants (decree holders herein) have been dishonestly induced to part with money for which the petitioner (judgment debtor No.2) did not have any intention to repay. Even similar pre-arrest bail application filed by judgment debtor No.3, Sumita Goel, who is still at large, was dismissed by Hon'ble High Court vide order dated 27.07.2010.
13. In view of above discussion, it is very much clear that the applicant/judgment debtor No.2 (Aashish Goel) has no intention to pay the decretal amount and rather, he is trying to defy the award passed by this Commission and evading his liability under the garb of a compromise deed, qua which, a clear finding has been given by the Court of Addl. Sessions Judge, Chandigarh that even the said compromise cannot be said to have been finalized. The fact is that as is clear from order dated 26.02.2020, as on 07.02.2020, an amount of Rs.1,24,62,370/- is due in this execution application No.37 of 2011. Similarly, in other two execution applications bearing Nos.35 of 2011 and 36 of 2011, the amounts of Rs.62,37,196/- and Rs.49,48,146/- were due to be paid by the judgment debtors as on 06.02.2020. The judgment debtors have paid only an amount of Rs.30 Lakhs till date. Thus, the liability of the judgment debtors is more than Rs.2 Crores. The offer of petty amount of Rs.10 Lakhs by the Counsel for the applicant/judgment debtor No.2 (Aashish Goel) was a pure attempt to get him out of jail. In our opinion, there was apparently dishonest intention on the part of Sh. Aashish Goel, judgment debtor No.2 to defraud the decree holders. Seeing the previous conduct of Sh. Aashish Goel, the possibility of his absconding again cannot be ruled out as at one point of time, when he was brought from Satna, Madhya Pradesh, after his arrest, fled midway. Thus, we have no reason to believe that if Sh. Aashish Goel is kept out of custody, he is not likely to abscond again. His past conduct shows that if he is released on bail, there is possibility of his running way again.
14. For the reasons recorded above, all the three bail applications bearing Nos.822 of 2020, 820 of 2020 and 821 of 2020 filed on behalf of Sh. Aashish Goel, Director of M/s Castle Concrete Infrastructure Pvt. Ltd.) for suspension of sentence and release from jail, stand dismissed.
15. Put up on 09.02.2021 for further proceedings.
16. Copy of this order be placed in the files of connected Miscellaneous Applications No.820/2020 in EA/35/2011 and MA/821/2020 in EA/36/2011.
17. Certified copy of this order be sent to the parties free of charge. Copy of order be also sent to the parties/their Counsel through email/whatsapp.
[RAJ SHEKHAR ATTRI] PRESIDENT [ PADMA PANDEY] MEMBER [ RAJESH K. ARYA] MEMBER Ad