State Consumer Disputes Redressal Commission
Shamsher Singh Dinarpur vs Emerging India Housing Corporation ... on 13 June, 2022
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH M.A. No. in EA 117 of 2021 :
416 of 2022 Date of Institution :
26.05.2022 Date of Decision :
13.06.2022 along-with R.A. No. in EA 117 of 2021 :
12 of 2022 Date of Institution :
06.06.2022 Date of Decision :
13.06.2022 Shamsher Singh Dinarpur son of Niranjan Singh, resident of House No.95, Mansa Devi Complex, Sector 4, Panchkula.
....Decree Holder VERSUS Emerging India Housing Corporation Pvt. Ltd., SCO 46-47, 1st Floor, Sector 9-D, Chandigarh - UT, Pin - 160009 through its Manager/Authorised Signatory/Office-in-Charge/Director Sales & Marketing.
Gurpreet Singh Sidhu, Managing Director/Authorized Signatory, SCO 46- 47, 1st Floor, Sector 9-D, Chandigarh-UT, Pin - 160009.
.....Judgment Debtors Present:-
Sh. Naveen Sheokand, Advocate for the Decree Holder(s) on VC.
Sh. Sunil Toni, Advocate alongwith Ms. Ekta Sharma, Advocate for the applicant (Sh. Gurpreet Singh Sidhu) alongwith applicant in person.
=========================================================== M.A. No. in EA/46/2021 :
402 of 2022 Date of Institution :
26.05.2022 Date of Decision :
13.06.2022 Reeta Kumari Sharma W/o Deep Raj Sharma, resident of Village Kuswar, P.O. Baliah, Tehsil Barsar, District Hamirpur, At present #1579, Rhinelander Ave, Apt. #5D, Bronx, New York, 10461 USA.
...Decree Holder VERSUS Emerging Valley Private Limited, Corporate Office, SCO 46-47, First Floor, Sector 9 D, Near Matka Chowk, Madhya Marg, Chandigarh, through its Managing Director/Authorized Signatory. (First Address) Emerging Valley Private Limited, Site Office ADAB City Centre, Sector 127, Shivalik City, Kharar, District Mohali (Pb.)-140301 (Second Address) Gurpreet Singh Sidhu, Managing Director, Emerging Valley Private Limited, Corporate Office, SCO 46-47, First Floor, Sector 9 D, Near Matka Chowk, Madhya Marg, Chandigarh.
Kamaljit Singh, Director, Emerging Valley Private Limited, Corporate Office, SCO 46-47, First Floor, Sector 9 D, Near Matka Chowk, Madhya Marg, Chandigarh, .....Judgment Debtors Present:-
Sh. Arun Kumar, Advocate for the decree holder (on VC).
Sh. Sunil Toni, Advocate alongwith Ms. Ekta Sharma, Advocate for the applicant (Sh. Gurpreet Singh Sidhu) alongwith applicant in person.
=========================================================== M.A. No. in EA/81/2021 :
404 of 2022 Date of Institution :
26.05.2022 Date of Decision :
13.06.2022 Harmesh Singh Malhi S/o Sh. Gian Singh Malhi, resident of House No.29, Abchal Nagar, Patiala.
...Decree Holder VERSUS M/s Emerging India Housing Corporation Private Limited, SCO 46-47, First Floor, Sector 9, Madhya Marg, Chandigarh, through its Managing Director.
.....Judgment Debtor Present:-
Sh. Sahil Khunger, Advocate for the decree holder.
Sh. Sunil Toni, Advocate alongwith Ms. Ekta Sharma, Advocate for the applicant (Sh. Gurpreet Singh Sidhu) alongwith applicant in person.
=========================================================== M.A. No. in EA/89/2021 :
406 of 2022 Date of Institution :
26.05.2022 Date of Decision :
13.06.2022 Aditya Sunkaria S/o Gobind Sunkaria r/o H.No.86, Street No.1, Guru Ramdas Nagar, Kot Khalsa, Amritsar 143002.
Ms. Supriya Sunkaria @ Supriya Bhardwaj W/o Aditya Sunkaria R/o H.No.86, Street No.1, Guru Ramdas Nagar, Kot Khalsa, Amritsar 143002.
...Decree Holders VERSUS Emerging Valley Pvt. Ltd., through its Managing Director.
Sh. Gurpreet Singh Sidhu, Director, Emerging Valley Pvt. Ltd.
Emerging India Housing Corporation Pvt. Limited through its Managing Director.
Mr. Gurpreet Singh Sidhu, Director, Emerging India Housing Corporation Pvt. Ltd.
Address: SCO No.46-47, First Floor, Sector 9-D, Chandigarh.
.....Judgment Debtor Present:-
Sh.Vipul Viral Sachdeva, Advocate for the decree holders.
Sh. Sunil Toni, Advocate alongwith Ms. Ekta Sharma, Advocate for the applicant (Sh. Gurpreet Singh Sidhu) alongwith applicant in person.
=========================================================== M.A. No.in EA/90/2021 :
408 of 2022 Date of Institution :
26.05.2022 Date of Decision :
13.06.2022 Lekh Raj Kamboj S/o Sahib Dita Ram r/o House No.B-540, Basti Hazoor Singh, Fazilka, Punjab 152123.
..Decree Holder VERSUS Emerging India Housing Corporation Pvt. Ltd., through its Managing Director.
Mr. Gurpreet Singh Sidhu, Director, Emerging India Housing Corporation Limited.
Mr. Kamaljit Singh, Director, Emerging India Corporation Pvt. Ltd.
Sushil Kumar, Director, Emerging India Housing Corporation Pvt. Ltd.
Address: SCO No.46-47, First Floor, Sector 9-D, Chandigarh.
......Judgment Debtors Present:-
Sh.Vipul Viral Sachdeva,, Advocate for the decree holder.
Sh. Sunil Toni, Advocate alongwith Ms. Ekta Sharma, Advocate for the applicant (Sh. Gurpreet Singh Sidhu) alongwith applicant in person.
=========================================================== M.A. No. in EA/91/2021 :
410 of 2022 Date of Institution :
26.05.2022 Date of Decision :
13.06.2022 Shimla Rani Wife of Sandeep Kumar resident of House Number 138 Gaushala Road, Opposite Bristol Steel, Fazilka.
Sandeep Kumar Son of Wazirchand resident of House Number 138 Fazilka Gaushala Road Opposite Bristol Steel, Fazilka.
...Decree Holders VERSUS Emerging India Housing Corporation Pvt. Ltd., through its Managing Director.
Mr.Gurpreet Singh Sidhu, Director, Emerging India Housing Corporation Pvt. Ltd.
Sushil Kumar, Director, Emerging India Housing Corporation Pvt. Ltd. Address: SCO 46-47, First Floor, Sector 9-D, Chandigarh.
.....Judgment Debtors Present:-
Sh.Vipul Viral Sachdeva, Advocate for the decree holders Sh. Sunil Toni, Advocate alongwith Ms. Ekta Sharma, Advocate for the applicant (Sh. Gurpreet Singh Sidhu) alongwith applicant in person.
=========================================================== M.A. No. in EA/105/2021 :
412 of 2022 Date of Institution :
27.05.2022 Date of Decision :
13.06.2022 Anjali Dogra W/o Sh.Sunil Kumar Awasthi R/o VPO & Tehsil Jaisinghpur, Distt. Kangra, Himachal Pradesh.
..Decree Holder VERSUS Emerging Valley Private Limited, Head Office at SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Director Sh. Gurpreet Singh Sidhu Sh. Gurpreet Singh Sidhu, Director, Emerging Valley Private Limited, Head Office at SCO No.46-47, First Floor, Sector 9-D, Chandigarh.
....Judgment Debtors Present:-
None for the decree holder.
Sh. Sunil Toni, Advocate alongwith Ms. Ekta Sharma, Advocate for the applicant (Sh. Gurpreet Singh Sidhu) alongwith applicant in person.
=========================================================== M.A. No. in EA/107/2021 :
414 of 2022 Date of Institution :
26.05.2022 Date of Decision :
13.06.2022 Ashok Kumar S/o Bihari Lal, resident of B1/250, Royal City, Jagraon, Punjab.
...Decree Holder VERSUS Emerging Valley (P) Ltd. a unit of Emerging India Housing Corporation (P) Ltd. Registered Office B-57, Lower Ground South Extension, Part-II, New Delhi-49, through its Managing Director/Authorized Signatory Emerging Valley (P) Ltd. a unit of Emerging India Housing Corporation (P) Ltd. through its Authorized Signatory, Corp. Office: SCO 46-47, Near Matka Chowk, Madhya Marg, Sector 9 D, Chandigarh 160009.
Managing Director, Gurpreet Singh Sidhu, C/o M/s Emerging Valley (P) Ltd. a unit of Emerging India Housing Corporation (P) Ltd., R/o House No.208, Sector 9, Chandigarh-160009.
Additional Director Kamaljit Singh C/o M/s Emerging Valley (P) Ltd., a unit of Emerging India Housing Corporation (P) Ltd. R/o House No.26, Hira Bagh, Chaura, University Patiala 147002.
...Judgment Debtors Present:-
None for the decree holder.
Sh. Sunil Toni, Advocate alongwith Ms. Ekta Sharma, Advocate for the applicant (Sh. Gurpreet Singh Sidhu) alongwith applicant in person.
=========================================================== BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT.
MRS.PADMA PANDEY, MEMBER.
MR.RAJESH K. ARYA, MEMBER.
JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT By this order, we would like to dispose of above captioned eight bail applications filed by the applicant - Gurpreet Singh Sidhu on medical grounds wherein he has stated that his wife, namely, Smt. Samreet Kaur is suffering from mental ailment and he placed on record some medical record pertaining to her ailment. In the application(s), it has also been stated that the applicant - Gurpreet Singh Sidhu is a chronic patient of constipation and suffering with problem of piles and so now doctor has recommended medical surgery for the piles.
Apart from it, a Review Application bearing No.12 of 2022 has also been filed by the him in the case of Shamsher Singh Dinarpur Vs. Emerging India Housing Corpn. Pvt. Ltd., Execution Application No.117 of 2021, and also in each and connected case, for review of order dated 12.04.2022 passed by this Commission vide which, the applicant - Gurpreet Singh Sidhu was granted bail subject to his depositing 50% of the decretal amount in each and every case.
We have heard the learned Counsels for the parties and have gone through the material available on record.
It may be stated here that at the time of surrender, the applicant - Gurpreet Singh Sidhu deposited some amount with this Commission and some amount was received against attachment of Bank Account. Today, following amounts, out of the said deposited amount, have been disbursed to the decree holder(s), as under:-
Sr. No. Title of the case Amount released (Rs.)
1.
EA/12/2020 - Vishnu Kumar Vs. Emerging Valley Pvt. Ltd.
Rs.5,00,000/-
2. EA/239/2019 - Dr. Neelam Verma Vs. Emerging Valley Pvt. Ltd.
Rs.5,00,000/-
3. EA/158/2018 - Roshan Kumar Vs. Emerging Valley Pvt. Ltd.
Rs.5,00,000/-
4. EA/474/2017 - Jarnail Singh Vs. Emerging Valley Pvt. Ltd.
Rs.5,00,000/-
5. EA/1/2018 - Gurpreet Singh Vs. Emerging Valley Pvt. Ltd.
Rs.5,00,000/-
6. EA/143/2019 - Samundri Devi Vs. Emerging India Housing Corporation Pvt. Ltd.
Rs.5,00,000/-
7. EA/472/2017 - Professor Dr. Nalini Pathania Vs. Emerging Valley Pvt. Ltd.
Rs.5,00,000/-
8. EA/62/2018 - Subodh Brahmi Vs. Siswan Paradise Pvt. Ltd.
Rs.5,00,000/-
9. EA/184/2018 - Sukhdev Singh Sidhu Vs. Emerging India Housing Corporation Pvt. Ltd.
Rs.5,00,000/-
10. EA/318/2018 - Jang Bahadur Vs. Emerging Valley Pvt. Ltd.
Rs.5,50,000/-
It is also important to mention here that vide detailed order dated 12.04.2022 passed by this Commission in MA/122/2022 titled Subodh Brahmi Vs. Siswan Paradise Pvt. Ltd., the applicant - Gurpreet Singh Sidhu was granted bail in these bunch of eight cases subject to deposit of 50% of the decretal amount but he could not be released as he failed to deposit the said amount. As such, the aforesaid review application has been filed to review the said order dated 12.04.2022 in view of order of Hon'ble Supreme Court of India in case titled "Sandeep Jain Versus National Capital Territory of Delhi rep. by Secretary, Home Deptt.", 2000 AIR (Supreme Court) 714. In the said case before Hon'ble Apex Court, bail was granted to the accused subject to payment of Rs.2 Lakhs to the complainant. The Hon'ble Apex Court has held that it is an onerous condition to grant bail which is not sustainable in the eyes of law. It has been observed by Hon'ble Apex Court in Paras 4 & 5 as under:-
"4. We are unable to appreciate even the first order passed by the Metropolitan Magistrate imposing the onerous condition that an accused at the FIR stage should pay a huge sum of Rs.2 lacs to be set at liberty. If he had paid it is a different matter. But the fact that he was not able to pay that amount and in default thereof he is to languish in jail for more than 10 months now, is sufficient indication that he was unable to make up the amount. Can he be detained in custody endlessly for his inability to pay the amount in the range of Rs.2 lacs. If the cheques issued by his surety were dishonoured, the Court could perhaps have taken it as a ground to suggest to the payee of the cheques to resort to his legal remedies provided by law. Similarly, if the Court was dissatisfied with the conduct of the surety as for his failure to raise funds for honouring the Cheques issued by him, the Court could have directed the Appellant to substitute him with another surety. But to keep him in prison for such a long period, that too in a case where bail would normally be granted for the offences alleged, is not only hard but improper. It must be remembered that the Court has not even come to the conclusion that the allegations made in the FIR are true. That can be decided only when the trial concludes, if the case is charge-sheeted by the police.
5. It is contended by the Ld. Counsel for Respondent that if the Appellant was not in a position to abide by the conditions imposed for granting bail he should have raised his objection at that time or should have challenged the order soon after his release on bail. No doubt he should have done so at the earlier stage. But his failure to do so then cannot now be used as a bar for preventing him from approaching the Court with a prayer to release him from jail. He cannot be detailed in custody for long without conviction in a case of this nature."
Only a money decree has been passed against the applicant - Gurpreet Singh Sidhu. It has been argued that he is an indigent person and could not make the payment of 50% amount. Apart from it, there is no such condition under Section 437 of Criminal Procedure Code, 1973 to grant onerous bail. Keeping in view the principle of law laid down by Hon'ble Apex Court in case Sandeep Jain (supra), we are of the concerted view that this condition qua deposited of 50% decretal amount be modified and the same is hereby modified. Now, it is ordered that the applicant - Gurpreet Singh Sidhu is ordered to be released on bail on his furnishing personal bail bond in the sum of Rs.1 Lakh with one surety in the like amount, in each of these cases and subject to the following conditions: -
That he will not leave the country without prior permission of this Commission.
That he will appear on each and every date before this Commission.
Accordingly, all these bail applications stand disposed of in aforesaid terms.
Certified copy of this order be sent to the parties free of charge.
Copy of this order be sent to the parties/counsel through e-mail/WhatsApp.
Pronounced 13.06.2022.
[RAJ SHEKHAR ATTRI] PRESIDENT [ PADMA PANDEY] MEMBER [ RAJESH K. ARYA] MEMBER Ad/Sd