National Consumer Disputes Redressal
Dara Estates Private Limited & 2 Ors. vs Himanshu Sharma on 14 January, 2021
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI APPEAL EXECUTION NO. 1 OF 2021 (Against the Order dated 17/12/2020 in Complaint No. 147/2019 of the State Commission Chandigarh) 1. DARA ESTATES PRIVATE LIMITED & 2 ORS. THROUGH ITS MANAGING DIRECTOR, CORPORATE OFFICE SCF-30. SECTOR 16-D, CHANDIGARGH 2. RAHUL, MANAGING DIRECTOR, C/O DARA ESTATE PRIVATE LIMITED, SCF-30, SECTOR, 16-D, CHANDIGARGH 3. ASHOK KUMAR, DIRECTOR, C/O DARA ESTATE PRIVATE LIMITED, SCF-30, SECTOR 16-D, CHANDIGARH ...........Appellant(s) Versus 1. HIMANSHU SHARMA S/O SHRI NARAYAN SHARMA, R/O HOUSE NO. 3598/2, SECTOR 69, OPPOSITE MOUNT CARMEL SCHOOL, SAS NAGAR, MOHALI ...........Respondent(s)
BEFORE: HON'BLE MR. C. VISWANATH,PRESIDING MEMBER
For the Appellant : MR. JALAJ AGRAWAL For the Respondent :
Dated : 14 Jan 2021 ORDER
AE/01/2021 is an Execution Appeal filed by Dara Estates Pvt. Ltd. & Ors., against the order of the State Consumer Disputes Redressal Commission, UT Chandigarh in EA/147/2019 dated 17.12.2020. According to the Learned Counsel for the Appellants, the State Commission, vide order dated 13.07.2017 ordered to pay an amount of Rs.22,51,945/- along with interest. Earlier AE/19/2020 was filed in this Commission. The Appellants submitted that they were prepared to clear the entire dues along with interest @ 18%. The issuance of non-bailable warrants of arrest of Mr. Ashok Kumar, Respondent No.3 was deferred, in view of the assurance given by Learned Counsel for the Appellants that both Mr. Rahul Kumar and Ashok Kumar would appear before the State Commission on the date fixed i.e. 25.02.2020. It is submitted that on 25.02.2020 they appeared before the State Commission and deposited post-dated cheques of Rs.13,00,000/- to the Decree Holders. It is also submitted that the cheques could not be honoured, which by itself is an offence under the provisions of Negotiable Instruments Act and somehow they managed to give an amount of Rs.7,00,000/- to the Decree Holders. Again bailable warrants were issued against the Appellants due to non-appearance, vide orders dated 20.08.2020 and 19.11.2020. This shows that the Appellants are in the habit of not appearing before the State Commission on the dates fixed. On 17.12.2020, the State Commission noted that the Appellants failed to comply with the order under execution and sought more time for compliance. The State Commission also noted that the Judgment Debtors are trying to delay the proceedings. The State Commission also directed to secure the Judgment Debtors through non-bailable warrants of arrest for the date fixed.
The Judgment Debtors have not fully complied with the order of the State Commission. They are also frequently absenting from hearing before the State Commission. In view of the conduct of the Appellants, State Commission has issued the above directions. I see no reason to interfere with the orders of the State Commission in EA/147/2019 on 17.12.2020.
Appeal Execution No.01 of 2021 is dismissed.
...................... C. VISWANATH PRESIDING MEMBER