National Consumer Disputes Redressal
Sanjay Gupta vs Orris Infrastructre Pvt. Ltd. & Anr. on 16 August, 2022
Author: R.K. Agrawal
Bench: R.K. Agrawal
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI EXECUTION APPLICATION NO. 244 OF 2020 IN CC/3814/2017 1. SANJAY GUPTA ...........Appellants(s) Versus 1. ORRIS INFRASTRUCTRE PVT. LTD. & ANR. 2. ORRIS INFRASTRUCTURE PVT. LTD. . ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
For the Appellant : For the DHs/Complainants : Mr. Aditya Parolia, Advocate
Mr. Nithin Chandran, Advocate
Ms. Sumbul Ismail, Advocate
Mr. Manoj Yadav, Advocate
Mr. Zafar Khurshid, Advocate
Mr. Amit Singh Chauhan, Advocate
Mr. Siddharth Agarwal, Advocate For the Respondent : For the JD/Opposite Party : Mr. Maninder Singh, Senior Advocate
Ms. Jyoti Taneja, Advocate
Dated : 16 Aug 2022 ORDER
The present Execution Applications have been filed by the Complainants / Decree Holders against Orris Infrastructure Pvt. Ltd. and its Directors (hereinafter referred to as the Opposite Parties/Judgment Debtors).
Brief facts leading to filing the present Execution Applications are as under:-
EA No. 24 / 2020 in CC No. 2877 of 2017 The Complainant(s) was allotted Flat No. 903 Tower 8 in the Project Greenopolis Project launched by Opposite Party / Judgment Debtor Orris Infrastructure Pvt. Ltd.Despite making a payment of substantial amount of ₹74,07,793/-, the Opposite Parties / Judgment Debtors failed to deliver the possession of the flat within stipulated period.Consequently, alleging deficiency in service on the part of the Opposite Parties / Judgment Debtors, the Consumer Complaint was filed before this Commission.This Commission vide Order dated 19.08.2019 allowed the Consumer Complaint in following terms:-
CC No. 2877 / 2017 dated 19.08.2019 The complaint is partly allowed and the OPs are directed as under:
i) Complete the construction work and handover the physical possession of the flat complete in all respects as per agreement till 30th November 2019 after obtaining occupancy certificate.
ii) The OP-2 shall pay interest @ 6% p.a. on the deposited amount by the complainant till the due date of possession from the due date of possession till the actual date of possession. For the amounts paid after the due date of possession, the interest shall be payable from the date of completion of one year from the date of deposit till the date of physical possession. The receivables of compensation in the form of interest @6% p.a. shall be adjusted at the time of possession before any due amount is taken from the complainant by the OPs.
iii) If the possession is not delivered till 30.11.2019, the complainant shall be at liberty to take refund of the total deposited amount alongwith interest @ 10% p.a. from the date of respective deposits till actual payment.OP-2 shall be liable to pay the same within a period of six weeks after receiving the request letter from the complainant. If the complainant does not ask for refund, he shall be entitled to get interest @ 6% p.a. as already ordered till possession is handed over."
This Order attained finality as the Opposite Party/Judgment Debtor did not file any Appeal before the Hon'ble Supreme Court.As the Opposite Parties/Judgment Debtors failed to satisfy the Decree/Order dated 19.08.2019, the Complainants had filed Execution Application No. 24 / 2020 seeking enforcement of the Decree/Order as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decree/Order dated 19.08.2019.
EA No. 224 / 2020 in CC No. 562 / 2018 The Complainant(s) was initially allotted Apartment No. 1001, which was subsequently cancelled and another Apartment No. 1201 was allotted on 04.07.2016 in the Project Greenopolis Project launched by Opposite Party / Judgment Debtor Orris Infrastructure Pvt. Ltd.Despite making a payment of substantial amount of ₹74,94,106, the Opposite Parties / Judgment Debtors failed to deliver the possession of the flat within stipulated period.Consequently, alleging deficiency in service on the part of the Opposite Parties / Judgment Debtors, the Consumer Complaint No. 562 / 2018 was filed before this Commission.This Commission vide Order dated 20.07.2020 allowed the Consumer Complaint in following terms:-
Opposite party Orris Infrastructure Pvt. Ltd. shall refund the amount of Rs.95,01,749/- in CC 3817/2017, Rs.73,55,651/- in CC 218/2018, Rs.74,94,106/- in CC 562/2018, Rs.88,93,512/- in CC 2011/2017, Rs.92,82,430/- in CC 3811/2017 and Rs.78,73.124/- in CC 3563/2017 along with interest @ 9% p.a. from the date of respective deposits till actual payment to the complainant(s). The order be complied with within a period of 45 days from the date of receipt of this order. The opposite party Orris Infrastructure Pvt. Ltd. shall also pay Rs.10,000/- in each complaint case to the complainant(s) as cost of litigation."
This Order attained finality as the Opposite Party/Judgment Debtor did not file any Appeal before the Hon'ble Supreme Court.As the Opposite Parties/Judgment Debtors failed to satisfy the Decrees/Orders dated 20.07.2020, the Complainants had filed Execution Application No. 224 / 2020 seeking enforcement of the Decree/Order as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decree/Order dated 20.07.2020.
EA No. 227 / 2020 in CC No. 546 / 2018 The original allottee booked an Apartment in the Project Greenopolis Project launched by Opposite Party / Judgment Debtor Orris Infrastructure Pvt. Ltd. for total consideration of Rs.1,03,85,680/-. Through allotment letter dated 30.08.2012 Apartment no.103 on 1st floor in Tower 12A was allotted to initial buyer & later on 21.12.2012 the same was endorsed in favour of complainant. Despite making a payment of substantial amount of ₹85,72,435/-, the Opposite Parties / Judgment Debtors failed to deliver the possession of the flat within stipulated period.Consequently, alleging deficiency in service on the part of the Opposite Parties / Judgment Debtors, the Consumer Complaint was filed before this Commission.This Commission vide Order dated 20.07.2020 allowed the Consumer Complaint in following terms:-
The opposite party Orris Infrastructure Pvt. Ltd. shall refund the amount of Rs.75,96,776/- in CC 3814/2017, Rs.85,72,435/- in CC546/2018 and Rs.88,93,512/- in CC 3812/2017 along with interest @9% p.a. from the date of respective deposits till actual payment subject to the restriction that no interest shall be payable for the period before 24.08.2015 in CC 3814/2017 and before 21.12.2012 in CC 546/2018 as well as before 24.11.2012 in CC 3812/2017. The order be complied with within a period of 45 days from the date of receipt of this order. The opposite party Orris Infrastructure Pvt. Ltd. shall also pay Rs.10,000/- in each complaint case to the complainant(s) as cost of litigation."
This Order attained finality as the Opposite Party/Judgment Debtor did not file any Appeal before the Hon'ble Supreme Court.As the Opposite Parties/Judgment Debtors failed to satisfy the Decree/Order dated 20.07.2020, the Complainants had filed Execution Application No. 227 / 2020 seeking enforcement of the Decree/Order as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decree/Order dated 20.07.2020.
EA No. 229 / 2020 in CC No. 53 / 2018 The original allotee booked an apartment No. 306 in the Project "Greenopolis" launched by Opposite Party / Judgment Debtor Orris Infrastructure Pvt. Ltd. The Opposite Party / Judgment Debtors endorsed the said apartment in favour of the complainant on 05.09.2012 along with all documents. Despite making a payment of substantial amount of ₹73,23,899, the Opposite Parties / Judgment Debtors failed to deliver the possession of the flat within stipulated period.Consequently, alleging deficiency in service on the part of the Opposite Parties / Judgment Debtors, the Consumer Complaint was filed before this Commission.This Commission vide Order dated 20.07.2020 allowed the Consumer Complaint in following terms:-
"i) Complete the construction work and handover the physical possession of the flat complete in all respects as per agreement till 30th September 2020 after obtaining occupancy certificate.
ii) The OP Orris Infrastructure Pvt. Ltd. shall pay interest @ 6% p.a. on the deposited amount by the complainant till the due date of possession from the due date of possession till the actual date of possession. For the amounts paid after the due date of possession, the interest shall be payable from the date of completion of one year from the date of deposit till the date of physical possession. The receivables of compensation in the form of interest @6% p.a. shall be adjusted at the time of possession before any due amount is taken from the complainant by the Ops.
iii) If the possession is not delivered till 30.09.2020, the complainant shall be at liberty to take refund of the total deposited amount of Rs.73,23,899/- alongwith interest @ 9% p.a. from the date of respective deposits till actual payment subject to the restriction that no interest shall be payable for the period before 05.09.2012. OP Orris Infrastructure Pvt. Ltd. shall be liable to pay the same within a period of six weeks after receiving the request letter from the complainant. If the complainant does not ask for refund, he shall be entitled to get interest @ 6% p.a. as already ordered till possession is handed over."
This Order attained finality as the Opposite Party/Judgment Debtor did not file any Appeal before the Hon'ble Supreme Court.As the Opposite Parties/Judgment Debtors failed to satisfy the Decrees/Orders dated 20.07.2020, the Complainants had filed Execution Application No. 229 / 2020 seeking enforcement of the Decree/Order as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decree/Order dated 20.07.2020.
EA No. 244 / 2020 in CC No. 3814 / 2017 The Original Allottee was allotted Flat No. 1102 Tower 11 in the Project Greenopolis Project launched by Opposite Party / Judgment Debtor Orris Infrastructure Pvt. Ltd., which was endorsed in favour of the Complainant by the Opposite Parties / Judgment Debtor.Despite making a payment of substantial amount of ₹75,96,776/-, the Opposite Parties / Judgment Debtors failed to deliver the possession of the flat within stipulated period.Consequently, alleging deficiency in service on the part of the Opposite Parties / Judgment Debtors, the Consumer Complaint was filed before this Commission.This Commission vide Order dated 20.07.2020 allowed the Consumer Complaint in following terms:-
"The opposite party Orris Infrastructure Pvt. Ltd. shall refund the amount of Rs.75,96,776/- in CC 3814/2017, Rs.85,72,435/- in CC546/2018 and Rs.88,93,512/- in CC 3812/2017 along with interest @9% p.a. from the date of respective deposits till actual payment subject to the restriction that no interest shall be payable for the period before 24.08.2015 in CC 3814/2017 and before 21.12.2012 in CC 546/2018 as well as before 24.11.2012 in CC 3812/2017. The order be complied with within a period of 45 days from the date of receipt of this order.The opposite party Orris Infrastructure Pvt. Ltd. shall also pay Rs.10,000/- in each complaint case to the complainant(s) as cost of litigation."
This Order attained finality as the Opposite Party/Judgment Debtor did not file any Appeal before the Hon'ble Supreme Court.As the Opposite Parties/Judgment Debtors failed to satisfy the Decrees/Orders dated 20.07.2020, the Complainants had filed Execution Application No. 244 / 2020 seeking enforcement of the Decree/Order as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decree/Order dated 20.07.2020.
EA No. 248 / 2020 in CC No. 3817 / 2017 The Complainant(s) was allotted Flat No. 701 Tower 23 in the Project Greenopolis Project launched by Opposite Party / Judgment Debtor Orris Infrastructure Pvt. Ltd.Despite making a payment of substantial amount of ₹95,01,749/-, the Opposite Parties / Judgment Debtors failed to deliver the possession of the flat within stipulated period.Consequently, alleging deficiency in service on the part of the Opposite Parties / Judgment Debtors, the Consumer Complaint was filed before this Commission.This Commission vide Order dated 20.07.2020 allowed the Consumer Complaint in following terms:-
Opposite party Orris Infrastructure Pvt. Ltd. shall refund the amount of Rs.95,01,749/- in CC 3817/2017, Rs.73,55,651/- in CC 218/2018, Rs.74,94,106/- in CC 562/2018, Rs.88,93,512/- in CC 2011/2017, Rs.92,82,430/- in CC 3811/2017 and Rs.78,73.124/- in CC 3563/2017 along with interest @ 9% p.a. from the date of respective deposits till actual payment to the complainant(s). The order be complied with within a period of 45 days from the date of receipt of this order. The opposite party Orris Infrastructure Pvt. Ltd. shall also pay Rs.10,000/- in each complaint case to the complainant(s) as cost of litigation."
This Order attained finality as the Opposite Party/Judgment Debtor did not file any Appeal before the Hon'ble Supreme Court.As the Opposite Parties/Judgment Debtors failed to satisfy the Decree/Order dated 20.07.2020, the Complainants had filed Execution Application No. 248 / 2020 seeking enforcement of the Decree/Order as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decree/Order dated 20.07.2020.
EA No. 25 / 2021 in CC No. 218 / 2018 The Complainant(s) was allotted Flat No. 12A03 Tower 8 in the Project Greenopolis Project launched by Opposite Party / Judgment Debtor Orris Infrastructure Pvt. Ltd.Despite making a payment of substantial amount of ₹73,55,651/-, the Opposite Parties / Judgment Debtors failed to deliver the possession of the flat within stipulated period.Consequently, alleging deficiency in service on the part of the Opposite Parties / Judgment Debtors, the Consumer Complaint was filed before this Commission.This Commission vide Order dated 20.07.2020 allowed the Consumer Complaint in following terms:-
Opposite party Orris Infrastructure Pvt. Ltd. shall refund the amount of Rs.95,01,749/- in CC 3817/2017, Rs.73,55,651/- in CC 218/2018, Rs.74,94,106/- in CC 562/2018, Rs.88,93,512/- in CC 2011/2017, Rs.92,82,430/- in CC 3811/2017 and Rs.78,73.124/- in CC 3563/2017 along with interest @ 9% p.a. from the date of respective deposits till actual payment to the complainant(s). The order be complied with within a period of 45 days from the date of receipt of this order. The opposite party Orris Infrastructure Pvt. Ltd. shall also pay Rs.10,000/- in each complaint case to the complainant(s) as cost of litigation."
This Order attained finality as the Opposite Party/Judgment Debtor did not file any Appeal before the Hon'ble Supreme Court.As the Opposite Parties/Judgment Debtors failed to satisfy the Decrees/Orders dated 20.07.2020, the Complainants had filed Execution Application No. 25 / 2021 seeking enforcement of the Decree/Order as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decree/Order dated 20.07.2020.
EA No. 54 / 2020 in CC No. 1590 / 2016 The Complainant(s) was allotted a flat in the Project Greenopolis Project launched by Opposite Party / Judgment Debtor Orris Infrastructure Pvt. Ltd.Despite making a payment of substantial amount of Rs.63,05,205.66, the Opposite Parties / Judgment Debtors failed to deliver the possession of the flat within stipulated period. Consequently, alleging deficiency in service on the part of the Opposite Parties / Judgment Debtors, the Consumer Complaint was filed before this Commission. This Commission vide Order dated 21.12.2018 allowed the Consumer Complaint in following terms:-
CC No. 1590 / 2016 dated 21.12.2018 CC No. 1590 / 2016 dated 21.12.2018
29. The OP-1 shall refund the amount of Rs.63,05,205.66 alongwith interest @ 10% p.a. from the date of respective deposits till actual payment to the complainant. This order be complied with within a period of 45 days from the date of receipt of this order.
30. Parties to bear their own cost."
This Order attained finality as the Opposite Party/Judgment Debtor did not file any Appeal before the Hon'ble Supreme Court.As the Opposite Parties/Judgment Debtors failed to satisfy the Decrees/Orders dated 21.12.2018, the Complainants had filed Execution Application No. 54 / 2020 seeking enforcement of the Decree/Order as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decree/Order dated 21.12.2018.
EA No. 148 / 2020 in CC No. 2011 of 2017 The Complainant(s) was allotted Flat No. 904 Tower 21 in the Project Greenopolis Project launched by Opposite Party / Judgment Debtor Orris Infrastructure Pvt. Ltd.Despite making a payment of substantial amount of ₹88,93,512/-, the Opposite Parties / Judgment Debtors failed to deliver the possession of the flat within stipulated period.Consequently, alleging deficiency in service on the part of the Opposite Parties / Judgment Debtors, the Consumer Complaint was filed before this Commission.This Commission vide Order dated 20.07.2020 allowed the Consumer Complaint in following terms:-
Opposite party Orris Infrastructure Pvt. Ltd. shall refund the amount of Rs.95,01,749/- in CC 3817/2017, Rs.73,55,651/- in CC 218/2018, Rs.74,94,106/- in CC 562/2018, Rs.88,93,512/- in CC 2011/2017, Rs.92,82,430/- in CC 3811/2017 and Rs.78,73.124/- in CC 3563/2017 along with interest @ 9% p.a. from the date of respective deposits till actual payment to the complainant(s). The order be complied with within a period of 45 days from the date of receipt of this order. The opposite party Orris Infrastructure Pvt. Ltd. shall also pay Rs.10,000/- in each complaint case to the complainant(s) as cost of litigation."
This Order attained finality as the Opposite Party/Judgment Debtor did not file any Appeal before the Hon'ble Supreme Court.As the Opposite Parties/Judgment Debtors failed to satisfy the Decrees/Orders dated 20.07.2020, the Complainants had filed present Execution Application seeking enforcement of the Decree/Order as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decree/Order dated 20.07.2020.
EA No. 230 / 2020 in CC No. 2009 / 2017 The Complainant(s) was allotted Flat No. 204 Tower 15 in the Project Greenopolis Project launched by Opposite Party / Judgment Debtor Orris Infrastructure Pvt. Ltd.Despite making a payment of substantial amount of ₹95,00,000/-, the Opposite Parties / Judgment Debtors failed to deliver the possession of the flat within stipulated period.Consequently, alleging deficiency in service on the part of the Opposite Parties / Judgment Debtors, the Consumer Complaint was filed before this Commission.This Commission vide Order dated 20.07.2020 allowed the Consumer Complaint in following terms:-
"i) Complete the construction work and handover the physical possession of the flat complete in all respects as per agreement till 30th September 2020 after obtaining occupancy certificate.
ii) The OP Orris Infrastructure Pvt. Ltd. shall pay interest @ 6% p.a. on the deposited amount by the complainant till the due date of possession from the due date of possession till the actual date of possession. For the amounts paid after the due date of possession, the interest shall be payable from the date of completion of one year from the date of deposit till the date of physical possession. The receivables of compensation in the form of interest @6% p.a. shall be adjusted at the time of possession before any due amount is taken from the complainant by the Ops.
iii) If the possession is not delivered till 30.09.2020, the complainant shall be at liberty to take refund of the total deposited amount of Rs.95,00,000/-alongwith interest @ 9% p.a. from the date of respective deposits till actual payment. OP Orris Infrastructure Pvt. Ltd. shall be liable to pay the same within a period of six weeks after receiving the request letter from the complainant. If the complainant does not ask for refund, he shall be entitled to get interest @ 6% p.a. as already ordered till possession is handed over."
This Order attained finality as the Opposite Party/Judgment Debtor did not file any Appeal before the Hon'ble Supreme Court.As the Opposite Parties/Judgment Debtors failed to satisfy the Decree/Order dated 20.07.2020, the Complainants had filed the present Execution Application seeking enforcement of the Decree/Order as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decree/Order dated 20.07.2020.
EA No. 245 / 2020 in CC No. 2692 / 2017 The Complainant(s) was allotted Flat No. 12A Tower 5 in the Project Greenopolis Project launched by Opposite Party / Judgment Debtor Orris Infrastructure Pvt. Ltd.Despite making a payment of substantial amount of ₹87,16,800/-, the Opposite Parties / Judgment Debtors failed to deliver the possession of the flat within stipulated period.Consequently, alleging deficiency in service on the part of the Opposite Parties / Judgment Debtors, the Consumer Complaint was filed before this Commission.This Commission vide Order dated 20.07.2020 allowed the Consumer Complaint in following terms:-
"i) Complete the construction work and handover the physical possession of the flat complete in all respects as per agreement till 30th September 2020 after obtaining occupancy certificate.
ii) The OP Orris Infrastructure Pvt. Ltd. shall pay interest @ 6% p.a. on the deposited amount by the complainant till the due date of possession from the due date of possession till the actual date of possession. For the amounts paid after the due date of possession, the interest shall be payable from the date of completion of one year from the date of deposit till the date of physical possession. The receivables of compensation in the form of interest @6% p.a. shall be adjusted at the time of possession before any due amount is taken from the complainant by the Ops.
iii) If the possession is not delivered till 30.09.2020, the complainant shall be at liberty to take refund of the total deposited amount of Rs.95,00,000/-alongwith interest @ 9% p.a. from the date of respective deposits till actual payment. OP Orris Infrastructure Pvt. Ltd. shall be liable to pay the same within a period of six weeks after receiving the request letter from the complainant. If the complainant does not ask for refund, he shall be entitled to get interest @ 6% p.a. as already ordered till possession is handed over."
This Order attained finality as the Opposite Party/Judgment Debtor did not file any Appeal before the Hon'ble Supreme Court.As the Opposite Parties/Judgment Debtors failed to satisfy the Decrees/Orders dated 20.07.2020, the Complainants had filed the present Execution Application seeking enforcement of the Decree/Order as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decree/Order dated 20.07.2020.
EA No. 246 / 2020 in CC No. 3811 of 2017 The Complainant(s) was allotted Flat No. 904 Tower 23 in the Project Greenopolis Project launched by Opposite Party / Judgment Debtor Orris Infrastructure Pvt. Ltd.Despite making a payment of substantial amount of ₹92,82,430/-, the Opposite Parties / Judgment Debtors failed to deliver the possession of the flat within stipulated period.Consequently, alleging deficiency in service on the part of the Opposite Parties / Judgment Debtors, the Consumer Complaint was filed before this Commission.This Commission vide Order dated 20.07.2020 allowed the Consumer Complaint in following terms:-
"Opposite party Orris Infrastructure Pvt. Ltd. shall refund the amount of Rs.95,01,749/- in CC 3817/2017, Rs.73,55,651/- in CC 218/2018,Rs.74,94,106/- in CC 562/2018, Rs.88,93,512/- in CC 2011/2017, Rs.92,82,430/- in CC 3811/2017 andRs.78,73.124/- inCC 3563/2017 along with interest @ 9% p.a. from the date of respective deposits till actual payment to the complainant(s).The order be complied with within a period of 45 days from the date of receipt of this order.The opposite party Orris Infrastructure Pvt. Ltd. shall also pay Rs.10,000/- in each complaint case to the complainant(s) as cost of litigation."
This Order attained finality as the Opposite Party/Judgment Debtor did not file any Appeal before the Hon'ble Supreme Court.As the Opposite Parties/Judgment Debtors failed to satisfy the Decrees/Orders dated 20.07.2020, the Complainants had filed the present Execution Application seeking enforcement of the Decree/Order as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decree/Order dated 20.07.2020.
EA No. 247 / 2020 in CC No. 3812 of 2017 The Complainant(s) was allotted Flat No. 903 Tower 20 in the Project Greenopolis Project launched by Opposite Party / Judgment Debtor Orris Infrastructure Pvt. Ltd.Despite making a payment of substantial amount of ₹88,93,512/-, the Opposite Parties / Judgment Debtors failed to deliver the possession of the flat within stipulated period.Consequently, alleging deficiency in service on the part of the Opposite Parties / Judgment Debtors, the Consumer Complaint was filed before this Commission.This Commission vide Order dated 20.07.2020 allowed the Consumer Complaint in following terms:-
"The opposite party Orris Infrastructure Pvt. Ltd. shall refund the amount of Rs.75,96,776/- in CC 3814/2017, Rs.85,72,435/- in CC546/2018 and Rs.88,93,512/- in CC 3812/2017 along with interest @9% p.a. from the date of respective deposits till actual payment subject to the restriction that no interest shall be payable for the period before 24.08.2015 in CC 3814/2017 and before 21.12.2012 in CC 546/2018 as well as before 24.11.2012 in CC 3812/2017. The order be complied with within a period of 45 days from the date of receipt of this order.The opposite party Orris Infrastructure Pvt. Ltd. shall also pay Rs.10,000/- in each complaint case to the complainant(s) as cost of litigation."
This Order attained finality as the Opposite Party/Judgment Debtor did not file any Appeal before the Hon'ble Supreme Court.As the Opposite Parties/Judgment Debtors failed to satisfy the Decrees/Orders dated 20.07.2020, the Complainants had filed the present Execution Application seeking enforcement of the Decree/Order as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decree/Order dated 21.12.2018, 19.08.2019 and 20.07.2020.
Relief granted by this Commission in the cases can be summarized in following table:-
S.L. No. Case No. Relief Granted A. EA No. 24 of 2020 in CC No. 2877 of 2017 Directed Possession a/w delay compensation upto 30.11.2019 failing which refund of amount with delay compensation.
B. EA No. of 224 of 2020 in CC No.562 of 2018 Directed Refund of the entire amount deposited a/w delay compensation and cost of litigation.
C EA No. 227 of 2020 in CC No. 546 of 2021 Directed Refund of the entire amount deposited a/w delay compensation and cost of litigation.
D EA No. 229 of 2020 in CC No.53 of 2018 Directed Possession a/w delay compensation upto 30.09.2020 failing which refund of amount with delay compensation and cost.
E EA No. 244 of 2020 in CC No. 3814 of 2017 Directed Refund of the entire amount deposited a/w delay compensation and cost of litigation.
F EA No. 248 of 2020 in CC No.3817 of 2017 Directed Refund of the entire amount deposited a/w delay compensation and cost of litigation.
G EA No. 25 of 2021 in CC No. 218 of 20211 Directed Refund of the entire amount deposited a/w delay compensation and cost of litigation.
H EA No. 54 of 2020 in CC No. 1590 of 2016 Directed Refund of the entire amount deposited a/w delay compensation.
I EA No. 148 of 2020 in CC No. 2011 of 2017 Directed Refund of the entire amount deposited a/w delay compensation and cost of litigation.
J EA No. 230 of 2020 in CC No.2009 of 201 Directed Possession a/w delay compensation upto 30.09.2020 failing which refund of amount with delay compensation.
K EA No. 245 of 2020 in CC No.2692 of 2017 Directed Possession a/w delay compensation upto 30.09.2019 failing which refund of amount with delay compensation.
L EA 246 of 2020 in CC No.3811 of 2017 Directed Refund of the entire amount deposited a/w delay compensation and cost of litigation.
M EA 247 of 2020 in CC No. 3812 of 2017 Directed Refund of the entire amount deposited a/w delay compensation and cost of litigation.
As the Opposite Parties/Judgment Debtors failed to satisfy the Decrees/Orders dated 21.12.2018, 19.08.2019 and 20.07.2020, the Complainants had filed Execution Applications seeking enforcement of the respective Decrees/Orders as well as penalties to be imposed upon Judgment Debtors, Orris Infrastructure Ltd. and its Directors for non-compliance with the Decrees/Orders dated 21.12.2018, 19.08.2019 and 20.07.2020.
Since the facts and question of law involved in all these Execution Applications are similar, these Execution Applications are being disposed off by this common Order.
Learned Counsel appearing on behalf of the Complainant/Decree Holder submitted that the Orders under Execution Proceedings have attained finality and the Judgment Debtors are duty bound to comply with them. It was further submitted that Units/Flats were to be constructed by Orris or Three C Shelters or both the fact remains that the money of the Complainants/Decree Holders was collected by Orris towards the sale consideration of the Units and the Decree passed is either for refund or for possession of the Unit; the Hon'ble Supreme Court in "Pioneer Urban Land and Infrastructure Limited vs. Govindan Raghavan (2019 5 SCC 725) has held that the Allottees cannot be made to wait indefinitely for taking possession; Judgment passed by this Commission in same Project entitled Shalabh Nigam vs. Orris Infrastructure Pvt. Ltd. has been upheld by the Hon'ble Supreme Court in CA No. 5248 / 2019 decided 29.07.2019. It was vehemently stated that Orris has left no stone unturned in by-passing the jurisdiction of this Commission each time the execution proceedings are filed against it, by filing multiple proceedings before Hon'ble Supreme Court and Delhi High Court, but in vain. It was further submitted that It is settled law that the Executing Court cannot go behind the decree even if it be erroneous is still binding between the Parties. It was prayed that the Execution Applications be allowed.
Per contra, the Opposite Party /Judgment Debtor No.1 Company has contested the Execution Applications by filing Replies/Objections, in which it was stated that before passing the Decree / Orders which are sought to be executed before this Commission, the Ld. Haryana Real Estate Regulatory Authority, (HRERA) has passed Order in the Consumer Complaint filed by the Greenopolis Welfare Association (GWA) and Ld. HRERA has already granted the reliefs sought by GWA of which the present Decree Holders are indirect beneficiaries, and the construction of the project is now being strictly undertaken under the guidance of the Ld. HRERA. HRERA is presently executing its Order dated 23.01.2019 in the Execution Proceedings No. 115/255/2018 of 2019 and therefore the present Decree Holders/Complainants cannot seek the same relief from this Hon'ble Commission. The jurisdiction of this Commission is barred in view of Section 79 of the Real Estate (Regulation and Development) Act, 2016, therefore, the present Execution Applications are not maintainable.
It was further stated that the Greenopolis Project was developed by Three C Shelters as per Development Agreement dated 2.11.2011 and the Opposite Party No. 1 had no development rights over the Project. Insolvency proceedings were initiated against Three C Shelters and in CIR process. IRP, Mr. Amarpal, was appointed by the Hon'ble NCLT in the insolvency proceedings, who made application in newspaper, asking the Creditors of M/s. Three C Shelters Pvt. Ltd. to file claims with proof. Since CIR Process has been declared by Ld. NCLT qua the Greenopolis Project, this Commission and Ld. HRERA have concurrent jurisdiction. Once having obtained a relief from the Ld. HRERA, the Decree Holders cannot pursue two proceedings for the same cause of action. From the conduct of the GWA, it is crystal clear that they are initiating multiple proceedings before different Forums, like, Ld. HRERA, NCLT and NCLAT in the Three C Shelter Insolvency Proceedings of which the present Decree Holders are indirect beneficiary and the present Decree Holders are pursuing these Execution Proceedings before this Commission, which is nothing but forum shopping and also unjust enrichment. It was prayed that the present Execution Applications may be dismissed.
The Opposite Parties Nos. 2 & 3 have also filed reply to the Execution Applications wherein the main thrust of argument was that they were Directors of Opposite Party No.1 Company and were not arrayed as Parties in the subject Consumer Complaints. Since there is no Decree/Order against any of the Directors, they cannot be held liable under Section 25 & 27 of the Consumer Protection Act, 1986 for disobeying Orders of this Commission. It was also stated that the Consumer Protection, 1986 does not anywhere stipulated that the Directors of a Company can be held personally liable and responsible for non-payment in Compliance of Orders of this Commission. Further that the Execution Proceedings cannot be initiated against the Judgment Debtors, since, Moratorium was imposed under IBC. In addition to above, they also took the same defence as were taken by the Opposite Party / Judgment Debtor No.1 Company.
I have heard Mr. Aditya Parolia, learned Counsel appearing on behalf of the Complainants/Decree Holders, Mr. Maninder Singh, learned Senior Counsel for Judgment Debtors, have given a thoughtful consideration to the various pleas raised by the learned counsel for the Parties and perused the averments made in the Application as also the Order dated 21.12.2018 passed in CC No. 1590 of 2016, Order dated passed 19.08.2019 in CC No. 2877 of 2017 and Order dated 20.07.2020 passed in CC No.3814 of 2017 and other connected matters", which are sought to be executed by means of the present Execution Applications.
It is not in dispute that the Complainant Association and some of its Members had approached the HRERA as also other Authorities. As laid down by the Hon'ble Supreme Court in the case of "M/s. Imperia Infrastructure Ltd. vs. Anil Patni and Anr." reported in 2020 10 SCC 783, the Doctrine of Election is applicable and it is always open to a person either to approach the fora under the Consumer Protection Act, 1986/2019 or to approach any other Authority under Real Estate Regulatory Authority Act, 2016 or NCLT under the provisions of Insolvency and Bankruptcy Code, 2016 for redressal of his grievance. The person who has approached to any of the Authorities referred to above, at the first instance, is estopped from approaching other two Authorities as Doctrine of Election applies. Admittedly, in the present cases, the Complainant Association had approached this Commission before filing the Complaints before HRERA. Thus, strictly speaking the Doctrine of Election has to be applied and the Complainant Association was estopped from approaching HRERA or any other Authority as they had already approached this Commission. However, be that as it may, as the Complainant Association as also some of its Members had approached the HRERA and the Orders passed by the HRERA has been considered by NCLT under the Orders of the Hon'ble Supreme Court. Therefore, the contention raised by the Opposite Party / Judgment Debtor regarding maintainability of the present Execution Applications before this Commission are rejected.
As far as the contention of Judgment Debtor/Oriss Infrastructure Pvt. Ltd. that Greenopolis Project was developed by Three C Shelters as per Development Agreement dated 2.11.2011 and they had no development rights over the Project is concerned, vide Order dated 29.03.2022, the NCLT in the matter of "Orris Infrastructure Pvt. Ltd. vs. Three C Shelters Private Limited" [IA 2482/ND/2021 & IA/2902/ND/2021] has decided the status of Three C Shelter Pvt. Ltd. in the Project Greenopolis, by concluding as under:-
"d. On the strength of collaboration agreement dated 02.11.2011, the status of the corporate debtor is mere of 'contractor' and not 'Statutory License Holder', of Project Greenopolis, accordingly, it does not vest with any right, title and interest in that project.
e. Project 'Greenopolis' belongs Orris being owner of land as well as statutory license holder from Director Town & Country Planning, Haryana, accordingly, Ld. RP of corporate debtor is not entitled to take its control & custody."
In view of the aforesaid Order dated 29.03.2022 passed by NCLT, the contention raised by Judgment Debtor/Opposite Party Orris Infrastructure Pvt. Ltd. that they do not have any development right over the Project Greenopolis, is rejected.
The question as to whether the proceedings u/s 27 of the Consumer Protection Act, 1986 can be initiated against Managing Director/Director of the Judgment Debtor Company has been dealt by the Hon'ble Supreme Court in 'Lalit Kumar Jain vs. Union of India & Ors.' (2021) SCC Online SC 396, wherein it has been held as under:-
"125. In view of the above discussion, it is held that approval of a resolution plan does not ipso facto discharge a personal guarantor (of a corporate debtor) of her or his liabilities under the contract of guarantee. As held by this Court, the release or discharge of a principal borrower from the debt owed by it to its creditor, by an involuntary process i.e. by operation of law, or due to liquidation or insolvency proceeding, does not absolve the surety/guarantor of his or her liability, which arises out of an independent contract."
12. In view of the Principle laid down in the above-mentioned Judgment passed by the Hon'ble Supreme Court, the objections regarding maintainability of the present proceedings against Opposite Party/Judgment Debtor Nos. 2 & 3, i.e., Mr. Vijay Gupta, Managing Director and Mr. Joginder Kumar, Director of the Opposite Party/Judgment Debtor No. 1 Company, raised by the learned Counsel for the Judgment Debtors, are rejected and it is held that the present Execution Applications are maintainable against Opposite Party/Judgment Debtor Nos. 2 & 3, i.e., Mr. Vijay Gupta, Managing Director and Mr. Joginder Kumar, Director of the Judgment Debtor Company.
In 'Satyawati vs. Rajinder Singh and Another' (2013) 9 SCC, 491), the Hon'ble Supreme Court has held the executing court should not have looked into other reports which had been submitted to it afterwards, by observing as under:
"Looking to the facts of the case and upon hearing the learned counsel, we are of the view that the order passed by the executing court dated 16-3-2009, which has been confirmed by the High Court is not correct for the reason that the executing court ought not to have considered other factors and facts which were not forming part of the judgment and the decree passed in favour of the appellant-plaintiff. Once the decree was made in favour of the appellant-plaintiff, in pursuance of the judgment dated 19-1-1996 delivered by the District Judge, Faridabad, in our opinion, the executing court should not have looked into other reports which had been submitted to it afterwards."
It is settled law that the Executing Court cannot go behind the decree even if it be erroneous is still binding between the Parties, as has been held by the Hon'ble Supreme Court in 'Vasudev Dhanjibhai Modi vs. Rajabhai Abdul Rehman (1970) 1 SCC 670' by observing as under:
"A court executing a decree cannot go behind the decree: between the parties or their representatives it must take the decree according to its tenor, and cannot entertain any objection that the decree was incorrect in law or on facts. Until it is set aside by an appropriate proceeding in appeal or revision, a decree even if it be erroneous is still binding between the parties"
For the reasons stated hereinabove and respectfully following the principles laid down by the Hon'ble Supreme Court in above quoted Judgments, the Execution Applications stand disposed off in following terms:-
(i) In EA No.24/2020 in CC No. 2877/2017, EA No. 229/2020 in CC No. 53 / 2018, EA No. 230/2020 in CC No. 2009/2011 & EA No. 245/2020 in CC No. 2692/2017, the Opposite Party/Judgment Debtors are directed to give possession of the allotted Apartments to the respective Complainants / Decree Holder within six months from today along with compensation as awarded by this Commission vide Order dated 19.08.2019 in CC No. 2877/2017 and dated 20.07.2020 in CC No. 53 / 2018, CC No. 2009/2011 and CC No. 2692/2017, failing which proceedings under Section 25 & 27 of the Consumer Protection Act, 1986, will be initiated against them.
(ii) In EA No. 224 / 2020 in CC No. 562/2018, EA No. 227/2020 in CC No.546/2021, EA No. 244/2020 in CC No. 3814/2017, EA No. 248/2020 in CC No. 3817/2017, EA No. 25/2021 in CC No. 218/2021, EA No. 148/2020 in CC No. 2011/2017, EA No. 246/2020 in CC No. 3811/2017 EA No. 247/2020 in CC No. 3812/2017, the Opposite Party/Judgment Debtors are directed to refund the amount to the respective complainants/Decree Holders alongwith compensation as awarded by this Commission vide Order dated 20.07.2020 passed in the CC No. 562/2018, CC No. 546 / 2021, CC No. 3814/2017, CC No. 3817/2017, CC No. 218/2021, CC No. 2011/2017, CC No. 3811/2017 and CC No. 3812/2017 within three months from today failing which proceedings under Section 25 & 27 of the Consumer Protection Act, 1986, will be initiated against them.
Keeping in view the facts and circumstances of the case, there shall be no order as to costs. All the pending applications, if any, also stand disposed off.
......................J R.K. AGRAWAL PRESIDENT