State Consumer Disputes Redressal Commission
Smt. Shashi Bala vs M/S Hind Motors (India) Ltd. And M/S Hind ... on 21 April, 2017
Daily Order Dated: 21/04/2017 ORDER
In terms of order dated 18.04.2017 passed by this Commission, in execution of production warrant, ordering to produce Sh. Ashish Mohan Gupta, Managing Director of M/s Hindi Motors (India) Limited & M/s Hind Motors Ltd., the aforesaid convict has been produced today before us by ASI Harbans Singh (Belt No.1323/CHG) accompanied by Const. Shish Pal (Belt No.3971/CP) & Const. Sumit Kumar (Belt No.2131/CP), Police Line, Sector 26, Chandigarh.
When issuing production warrant, following order dated 18.04.2017 was passed by this Commission:-
"In terms of order passed by us today on application filed by Sh. Darshan Singh, Sub-Inspector, PO & Summons Staff, Chandigarh, main file of Execution Application No.107 of 2016 has been put up before us by the office.
It is apparent on record that vide judgment dated 17.08.2016 passed by this Commission in Consumer Complaint No.107 of 2016, M/s Hind Motors (India) Limited and its Managing Director, namely, Sh. Ashish Mohan Gupta were ordered to return/pay the amount of FDRs, deposited on different dates alongwith interest rate, shown payable, in the manner, when deposits were made upto the date of maturity and thereafter, the said amount was to be paid alongwith interest @12% p.a. till the entire payment was made. They were further directed to pay Rs.1 Lacs towards compensation for mental and physical harassment and Rs.30,000/- towards cost of litigation. The amount was to be paid in a time frame manner, failing which, the amount awarded was to entail penal interest. When they failed to comply with the order, referred to above, the Decree Holder, namely, Smt. Shashi Bala filed Execution Application No.107 of 2016. After contest, in terms of provision of Section 27 of the Consumer Protection Act, 1986 and taking note of failure on the part of the above named person to comply with the directions issued vide judgment dated 17.08.2016, the Judgment Debtors were directed to pay an amount of Rs.10,000/- as fine and Sh. Ashish Mohan Gupta, Managing Director of M/s Hind Motors (India) Limited was sentenced to undergo simple imprisonment for a period of 2 years and to pay fine of Rs.10,000/-. Non-bailable warrants were issued to arrest him, to undergo imprisonment awarded on 20.12.2016 and those non-bailable warrants have not yet been executed. During pendency of the abovesaid execution application by issuing show cause notice on 30.09.2016, Sh. Ashish Mohan Gupta, Managing Director of M/s Hind Motors (India) Limited was directed to put in personal appearance to plead guilty of non-compliance or to put on record any evidence/material, on the basis of which, decree could not have been executed. When the aforesaid convict failed to put in appearance, the order awarding sentence to him was passed on 20.12.2016. The above fact shows that the convict is concealing his presence and avoiding to undergo sentence awarded.
An application dated 17.04.2017 was filed before this Commission by Sub Inspector Darsan Singh, (PO & Summons Staff), , Chandigarh seeking issuance of production warrant qua Ashish Mohan Gupta, Managing Director, M/s Hind Motors, who was arrested in case F.I.R. No.52 of 2017 U/s 406, 420 I.P.C, P. S. Industrial Area, U.T., Chandigarh and presently, he is confined in judicial custody in Model Jail of Burail, Chandigarh. Prayer was made for issuance of production warrants to arrest the above named person/convict, to execute non-bailable warrants issued against him and also to make him undergo sentence awarded, as referred to above.
To confirm the above-said fact, stated by Sub Inspector Darshan Singh, (PO & Summons Staff), Chandigarh, in application, referred to above, file of Execution Application No.107 of 2016 has been put up before us today under our orders passed separately.
As per prayer made by Sub Inspector Darshan Singh, (PO & Summons Staff), Chandigarh, through Assistant District Attorney, attached with this Commission, by exercising the powers of Judicial Magistrate First Class, in terms of provision of Section 27(2) of Consumer Protection Act, 1986 and further exercising the power under Section 267 Cr.P.C, it is ordered that let production warrant be issued to the Superintendent (Jail) at Burail Jail, Chandigarh, executable through Sub Inspector Darshan Singh, (PO & Summons Staff), Chandigarh,, to produce Sh. Ashish Mohan Gupta, Managing Director of M/s Hind Motors (India) Ltd. before this Commission on 21.04.2017 at 12.30 P.M., so that, he can be made to undergo sentence awarded to him, as per law. It is made clear that in case the convict named above produce any order passed by the competent Court staying operation of the order passed on 20.12.2016 awarding sentence to him or any order granting bail to him against the above-said conviction, then the production warrants may not be executed. In the absence of any such order, as referred to above, Superintendent (Jail) at Burail Jail, Chandigarh is directed not to release him from custody till further orders passed by this Commission.
Production warrant be handed over to Sub Inspector Darshan Singh, (PO & Summons Staff), Chandigarh, for further communicating to the Superintendent (Jail) at Burail Jail, Chandigarh.
Certified copy of the order passed today be also handed over to the above-said Police official for necessary action.
Put up on 21.04.2017."
When produced in Court, Sh. Ashish Mohan Gupta, Managing Director of M/s Hind Motors (India) Ltd. & M/s Hind Motors Ltd. was again given an opportunity to make the payment. He failed to give any positive commitment, as to within how much time, he will comply with the order passed by making payment to the Decree Holder.
It is necessary to mention here that against order dated 17.08.2016 passed by this Commission in Complaint Case No.76 of 2016, the convict, namely, Sh. Ashish Mohan Gupta, Managing Director of M/s Hind Motors (India) Ltd. & M/s Hind Motors Ltd. went in First Appeal bearing No.1248 of 2016, which was dismissed by Hon'ble National Consumer Disputes Redressal Commission, New Delhi vide order dated 27.01.2017.
In the meantime, qua non-compliance to the order dated 17.08.2016 passed by this Commission in Complaint Case No.76 of 2016, Show Cause Notice was issued to the convict, namely, Sh. Ashish Mohan Gupta, Managing Director of M/s Hind Motors (India) Ltd. & M/s Hind Motors Ltd. but he failed to make the payment despite giving many opportunities. Vide order dated 20.12.2016 passed by this Commission in Execution Application No.107 of 2016, he (Sh. Ashish Mohan Gupta, Managing Director of M/s Hind Motors (India) Ltd. & M/s Hind Motors Ltd.) was sentenced to undergo simple imprisonment for a period of 2 years and to pay a fine of Rs.10,000/- to the Decree Holder.
Against aforesaid order dated 20.12.2016 also, the convict (Sh. Ashish Mohan Gupta, Managing Director of M/s Hind Motors (India) Ltd. & M/s Hind Motors Ltd.) went in Appeal Execution No.1 of 2017 before the Hon'ble National Consumer Disputes Redressal Commission, New Delhi, which was dismissed by the said Commission vide order dated 10.01.2017.
In view of above facts and circumstances, it is directed that in compliance to the order dated 20.12.2016 passed by this Commission in Execution Application No.107 of 2016, Sh. Ashish Mohan Gupta, Managing Director of M/s Hind Motors (India) Ltd. & M/s Hind Motors Ltd., be sent to Burail Jail, Chandigarh to undergo simple imprisonment for a period of 2 years and to pay a fine of Rs.10,000/- (if not already paid).
The office is directed to prepare the warrant of commitment and it be sent to the Jail Superintendent, Burail Jail, Chandigarh, for compliance, directing the said officer to take the accused in custody and to make him undergo the awarded sentence.
Certified copies of order passed on 20.12.2016 and order passed today, be also sent to the Superintendent, Burail Jail, Chandigarh for taking necessary action.
Certified copies of the order passed today and on 20.12.2016 be also supplied to ASI Harbans Singh (Belt No.1323/CHG).
Certified copy of this order be supplied, free of charge, to the convict, before taking him to Burail Jail, Chandigarh.
Certified copy of this order be sent to the Decree Holder(s)/complainant(s) free of charge.
The file be consigned to the Record Room.