State Consumer Disputes Redressal Commission
M/S M-Tech Developers Pvt. Ltd. vs Dr. Mool Chand on 24 October, 2019
Daily Order IN THE STATE COMMISSION : DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Revision Petition No.79/2019 (Arising out of the order dated 23.10.2019 passed in Execution No.20/20157 by the District Consumer Disputes Redressal Forum(VI), New Delhi) M/s. M-Tech Developers Pvt. Ltd. & Ors. ... Petitioners Versus Dr. Mool Chand ... Respondent BEFORE: Ms. Salma Noor, Presiding Officer For the Petitioner: Mr. Gaurav Bhardwaj, Advocate. For the Respondent Dated: 24th October, 2019 ORDER
Ms. Salma Noor, Presiding Officer By way of this revision petition prayer is made for recalling of the order dated 23.10.2017 passed by the Consumer Disputes Redressal Forum (VI), New Delhi in Ex. No.20/2015 whereby the NBWs have been issued against the petitioners/JDs.
The petitioners herein are OP No.1 and 2 (JD No.1 and 2) in execution application No.20/2015 titled as Mool Chand v. M/s. Shagun Landbase Pvt. Ltd. & Ors. Before the District Forum -VI. In this revision petition, petitioners have challenged the order dated 23.10.2019 passed by the Ld. District Forum issuing Non Bailable Warrant against them.
I have heard counsel for petitioners and have perused the records. There is no need to issue notice to the respondent as presence of respondent/complainant is not required.
The records would show that execution petition is pending since 2015, now for more than four years, by application for execution, the Complainant is seeking to recover from the OPs a sum of Rs.9,77,500/- alongwith interest @12% and compensation of Rs.2 lakh.
It is stated by the counsel for petitioners that the complaint case was decided ex-parte against them as no notice/summons were served upon them. It is stated by the counsel that in terms of orders passed by the Hon'ble High Court the petitioners have deposited a sum of Rs.25 crores with the Registrar, General of Delhi High Court and the Hon'ble High Court has appointed Chief Metropolitan Magistrate, South East, Saket, New Delhi as a Nodal Officer for redressal of grievances of all the investors and ordered deposit Rs.25 lakh per month for refund of invested amount of customers where the present respondent can also approach the Nodal Officer for getting his invested amount refund.
Be that as it may, the fact remains that the petitioners have not challenged the order dated 13.02.2013 passed by the Ld. District Forum in CC No.945/2010 whereby the petitioners/JDs have been directed to pay a sum of Rs.9,77,500/- alongwith interest @12% and compensation of Rs.2 lakh to the complainant as such petitioners are liable to comply with the order passed by the Ld. District Forum.
In these circumstances, it would be appropriate to direct the petitioners/JDs to comply with the said order. Accordingly, I disposed of the revision petition, set aside the order dated 23.10.2019 subject to deposit of 50% of the awarded amount before District Forum within 10 days from today in the shape of Fixed Deposit Receipt.
The petitioners are directed to appear before the Ld. District Forum on 05.11.2019. Thereafter, District Forum shall proceed in the matter in accordance with law.
File be consigned to Record Room.
(Salma Noor) Presiding Officer