Delhi High Court - Orders
Shree Vardhman Infrahome Pvt. Ltd vs Shruti Poddar & Anr on 28 October, 2021
Author: Amit Bansal
Bench: Amit Bansal
$~75, 76, 79, 82, 83, 86, 87, 89-91, 95, 96, 98-107, 109, 112 & 114
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 916/2021
SHREE VARDHMAN INFRAHOME PVT. LTD. ..... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
SHRUTI PODDAR & ANR. ..... Respondents
Through Ms. Nikita Sharma, Advocate
+ CM(M) 917/2021
SHREE VARDHMAN INFRAHOME PVT. LTD. ..... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
SUBE SINGH ..... Respondent
Through Ms. Nikita Sharma, Advocate
+ CM(M) 920/2021
SHREE VARDHMAN INFRAHOME
PRIVATE LIMITED ..... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
ANIL KUMAR GUPTA ..... Respondent
Through Ms. Nikita Sharma, Advocate
+ CM(M) 923/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
Signature Not Verified
Signed By:SAKSHI
RAMOLA
CM(M) 916/2021and connected matters Page 1 of 13
Signing Date:10.28.2021
23:38:41
versus
BHUPESH RAVISH ..... Respondent
Through Ms. Nikita Sharma, Advocate
+ CM(M) 924/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
BANWARI LAL GUPTA ..... Respondent
Through Ms. Nikita Sharma, Advocate
+ CM(M) 927/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
RAJNEESH SINGH & ANR. ..... Respondents
Through Ms. Nikita Sharma, Advocate
+ CM(M) 928/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
MUKESH KUMAR MITTAL ..... Respondent
Through Ms. Nikita Sharma, Advocate
+ CM(M) 930/2021
Signature Not Verified
Signed By:SAKSHI
RAMOLA
CM(M) 916/2021and connected matters Page 2 of 13
Signing Date:10.28.2021
23:38:41
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
PREETI AHUJA & ANR. ..... Respondents
Through Ms. Nikita Sharma, Advocate
+ CM(M) 931/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
RAJ KISHORE & ANR. ..... Respondents
Through Ms. Nikita Sharma, Advocate
+ CM(M) 932/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
KAILASH SAKHARE ..... Respondent
Through Ms. Nikita Sharma, Advocate
+ CM(M) 936/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
NEHA SIKRI & ANR. ..... Respondents
Through Ms. Nikita Sharma, Advocate
Signature Not Verified
Signed By:SAKSHI
RAMOLA
CM(M) 916/2021and connected matters Page 3 of 13
Signing Date:10.28.2021
23:38:41
+ CM(M) 937/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
AMIT GUPTA & ANR. ..... Respondents
Through Ms. Nikita Sharma, Advocate
+ CM(M) 939/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
DHEERAJ SHARMA ..... Respondent
Through Ms. Nikita Sharma, Advocate
+ CM(M) 940/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
MUNISH SINGLA ..... Respondent
Through Ms. Nikita Sharma, Advocate
+ CM(M) 941/2021
SHREE VARDHMAN INFRAHOME PVT. LTD. ..... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
SWADESH KUMAR ..... Respondent
Signature Not Verified
Signed By:SAKSHI
RAMOLA
CM(M) 916/2021and connected matters Page 4 of 13
Signing Date:10.28.2021
23:38:41
Through Ms. Nikita Sharma, Advocate
+ CM(M) 942/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
KUSHAL VERMA ..... Respondent
Through Ms. Nikita Sharma, Advocate
+ CM(M) 943/2021
SHREE VARDHMAN INFRAHOME PVT. LTD ..... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
PREETI AHUJA & ANR. ..... Respondents
Through Ms. Nikita Sharma, Advocate
+ CM(M) 944/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
RAJESH KUMAR YADAV ..... Respondent
Through Ms. Nikita Sharma, Advocate
+ CM(M) 945/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
Signature Not Verified
Signed By:SAKSHI
RAMOLA
CM(M) 916/2021and connected matters Page 5 of 13
Signing Date:10.28.2021
23:38:41
NAVNEET YADAV ..... Respondent
Through Ms. Nikita Sharma, Advocate
+ CM(M) 946/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
PRASHANT KUMAR & ANR. ..... Respondents
Through Ms. Nikita Sharma, Advocate
+ CM(M) 947/2021
SHREE VARDHMAN INFRAHOME PVT. LTD. ..... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
SHALINI ARORA & ANR. ..... Respondents
Through Ms. Nikita Sharma, Advocate
+ CM(M) 948/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
AMIT AGARWAL ..... Respondent
Through Ms. Nikita Sharma, Advocate
+ CM(M) 950/2021
SHREE VARDHMAN INFRAHOME PVT. LTD. ..... Petitioner
Through Mr. Shalabh Singhal, Advocate
Signature Not Verified
Signed By:SAKSHI
RAMOLA
CM(M) 916/2021and connected matters Page 6 of 13
Signing Date:10.28.2021
23:38:41
versus
SANGEET BALI & ANR. ..... Respondents
Through Ms. Nikita Sharma, Advocate
+ CM(M) 954/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
PUSPENDER KUMAR & ANR. ..... Respondents
Through Ms. Nikita Sharma, Advocate
+ CM(M) 956/2021
SHREE VARDHMAN INFRAHOME PVT. LTD...... Petitioner
Through Mr. Shalabh Singhal, Advocate
versus
SALIL BAKSHI ..... Respondent
Through Ms. Nikita Sharma, Advocate
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 28.10.2021
[VIA VIDEO CONFERENCING]
CM No. 38472/2021(for exemption) in CM(M) 916/2021, CM No. 38474/2021(for exemption) in CM(M) 917/2021, CM No. 38481/2021(for exemption) in CM(M) 920/2021, CM No. 38492/2021(for exemption) in CM(M) 923/2021, CM No. 38495/2021(for exemption) in CM(M) 924/2021, CM No. 38519/2021(for exemption) in CM(M) 927/2021, CM No. 38522/2021(for exemption) in CM(M) 928/2021, Signature Not Verified Signed By:SAKSHI RAMOLA CM(M) 916/2021and connected matters Page 7 of 13 Signing Date:10.28.2021 23:38:41 CM No. 38528/2021(for exemption) in CM(M) 930/2021, CM No. 38532/2021(for exemption) in CM(M) 931/2021, CM No. 38537/2021(for exemption) in CM(M) 932/2021, CM No. 38555/2021(for exemption) in CM(M) 936/2021, CM No. 38564/2021(for exemption) in CM(M) 937/2021, CM No. 38569/2021(for exemption) in CM(M) 939/2021, CM No. 38572/2021(for exemption) in CM(M) 940/2021, CM No. 38576/2021(for exemption) in CM(M) 941/2021, CM No. 38579/2021(for exemption) in CM(M) 942/2021, CM No. 38582/2021(for exemption) in CM(M) 943/2021, CM No. 38585/2021(for exemption) in CM(M) 944/2021 CM No. 38592/2021(for exemption) in CM(M) 945/2021, CM No. 38595/2021(for exemption) in CM(M) 946/2021, CM No. 38600/2021(for exemption) in CM(M) 947/2021, CM No. 38605/2021(for exemption) in CM(M) 948/2021, CM No. 38636/2021(for exemption) in CM(M) 950/2021, CM No. 38648/2021(for exemption) in CM(M) 954/2021, CM No. 38655/2021(for exemption) in CM(M) 956/2021,
1. Allowed, subject to all just exceptions.
2. The applications are disposed of.
CM(M) 916/2021, CM No.38471/2021(for stay) & CM No.38627/2021(for permission to file relevant record only), CM(M) 917/2021, CM No. 38473/2021(for stay) & CM No. 38485/2021(for permission to file relevant record only), CM(M) 920/2021, CM No.38480/2021(for stay) & CM No.38482/2021(for permission to file relevant record only), CM(M) 923/2021, CM No.38491/2021(for stay) & CM No.38493/2021(for permission to file relevant record only), CM(M) 924/2021, CM No.38494/2021(for stay) & CM No.38496/2021(for permission to file relevant record only), CM(M) 927/2021, CM No.38518/2021(for stay) & CM No.38520/2021(for permission to file relevant record only), CM(M) 928/2021, CM No.38521/2021(for stay) & CM No.38523/2021(for permission to file relevant record only), CM(M) 930/2021, CM No.38527/2021(for stay) & CM No.38529/2021(for permission to file relevant record only), Signature Not Verified Signed By:SAKSHI RAMOLA CM(M) 916/2021and connected matters Page 8 of 13 Signing Date:10.28.2021 23:38:41 CM(M) 931/2021, CM No.38531/2021(for stay) & CM No.38533/2021(for permission to file relevant record only), CM(M) 932/2021, CM No.38536/2021(for stay) & CM No. 38538/2021(for permission to file relevant record only), CM(M) 936/2021, CM No.38554/2021(for stay) & CM No.38556/2021(for permission to file relevant record only), CM(M) 937/2021, CM No.38563/2021(for stay) & CM No.38565/2021(for permission to file relevant record only), CM(M) 939/2021, CM No.38568/2021(for stay) & CM No.38570/2021(for permission to file relevant record only), CM(M) 940/2021, CM No.38571/2021(for stay) & CM No.38573/2021(for permission to file relevant record only), CM(M) 941/2021, CM No.38575/2021(for stay) & CM No.38577/2021(for permission to file relevant record only), CM(M) 942/2021, CM No.38578/2021(for stay) & CM No.38580/2021(for permission to file relevant record only), CM(M) 943/2021, CM No.38581/2021(for stay) & CM No.38583/2021(for permission to file relevant record only), CM(M) 944/2021, CM No.38584/2021(for stay) & CM No.38586/2021(for permission to file relevant record only), CM(M) 945/2021, CM No. 38591/2021(for stay) & CM No. 38593/2021(for permission to file relevant record only), CM(M) 946/2021, CM No. 38594/2021(for stay) & CM No.38596/2021(for permission to file relevant record only), CM(M) 947/2021, CM No. 38599/2021(for stay) & CM No. 38601/2021(for permission to file relevant record only), CM(M) 948/2021, CM No.38604/2021(for stay) & CM No.38606/2021(for permission to file relevant record only), CM(M) 950/2021, CM No.38635/2021(for stay) & CM No.38637/2021(for permission to file relevant record only), CM(M) 954/2021, CM No.38647/2021(for stay) & CM No. 38649/2021(for permission to file relevant record only), CM(M) 956/2021, CM No.38654/2021(for stay) & CM No.38656/2021(for permission to file relevant record only),
3. The present petitions have been filed under Article 227 of the Constitution of India impugning the common order dated 16th September, Signature Not Verified Signed By:SAKSHI RAMOLA CM(M) 916/2021and connected matters Page 9 of 13 Signing Date:10.28.2021 23:38:41 2021 passed by the National Consumer Disputes Redressal Commission (NCDRC) in a batch of execution applications insofar as it directs issuance of recovery certificate against the petitioner company.
4. The respondents, being members of the Flora Welfare Association, filed a complaint under Section 21 of the Consumer Protection Act, 1986, bearing Consumer Case No. 1893/2017 titled Flora Welfare Association Vs. Shree Vardhman Infrahome Pvt. Ltd., before the NCDRC. The said complaint was disposed of by the NCDRC vide decree dated 15 th January, 2019, wherein it was recorded that the matter had been settled between the parties in terms of the written settlement dated 15th January, 2019, and which written settlement was ordered to form part of the said decree. Since the decree was not satisfied, the respondents filed execution applications under Section 25 of the Consumer Protection Act, 1986/Sections 71 and 72 of the Consumer Protection Act, 2019 seeking enforcement of the decree dated 15th January, 2019 of the NCDRC as well as penalties to be imposed upon Shree Vardhman Infrahome Private Limited and its directors for non- compliance with the decree dated 15th January, 2019 of the NCDRC, and from which execution proceedings, the impugned order arises.
5. The impugned order which forms subject matter of the present petitions was subject matter of challenge in CM(M) 770/2021 titled Shree Vardhman Infrahome Pvt. Ltd. Vs. Akash Gupta & Ors., wherein vide judgment dated 26th October, 2021 directions have been passed by this Court qua the execution proceedings initiated against the petitioner company.
6. The counsel for the petitioners submits that the present petitions are squarely covered by the judgment dated 26th October, 2021 in CM(M) Signature Not Verified Signed By:SAKSHI RAMOLA CM(M) 916/2021and connected matters Page 10 of 13 Signing Date:10.28.2021 23:38:41 770/2021 titled Shree Vardhman Infrahome Pvt. Ltd. Vs. Akash Gupta & Ors.
7. Counsel appearing on behalf of the respondents submits that the petitioner company has defaulted on various obligations in terms of the Settlement Agreement and therefore, the refund has become due from the petitioner company. He further submits that no application has been filed on behalf of the builder before the NCDRC on the ground of force majeure.
8. I have heard the submissions of the parties and perused the impugned order passed by the NCDRC. In paragraph 5, 6, 7 and 8 of the impugned order, it has been noted as below:
"5. Here it may be observed that the objections on maintainability, jurisdiction and competency shall be appropriately addressed and answered on the next date of hearing after the responses are filed by the learned counsel for the decree holders and after arguments are heard from the learned senior counsel and the learned counsel for all parties, but the principal objective is to execute the order of this Commission and towards this end this Commission shall on date continue with the further proceedings as per the prevalent practice and the appreciation of law obtaining in this Commission and being uniformly followed by all benches of this Commission.
6. In the cases where the decree has not been satisfied as per its terms and conditions and the outstanding decretal amounts have been quantified in the execution applications, the decree holders are directed to file individual affidavits through counsel within two weeks affirming the respective quantified decretal amounts outstanding.
7. The Registry is requested to issue individual recovery certificates within one week thence, positively, under Section 25(3) of The Consumer Protection Act, 1996/Section 71 of The Signature Not Verified Signed By:SAKSHI RAMOLA CM(M) 916/2021and connected matters Page 11 of 13 Signing Date:10.28.2021 23:38:41 Consumer Protection Act, 2019 to the concerned District Collector(s) requiring to recover the respective decretal amounts from the judgment debtor company and its directors (i) Mr. Sandeep Jain, (ii) Mr. Nitin Aggarwal, (iii) Mr. Manish Aggarwal and (iv) Mr. Sachin Jain in the same manner as arrears of land revenue.
8. It is made explicit here that the amount recovered shall be retained with the Registry of this Commission and a decision on releasing it shall be taken after addressing and answering the objections recorded in para 2 above and after hearing objections if any on the quantification of the respective decretal amounts and on any other objection(s) raised by the judgment debtor company and its directors. Meanwhile, the Registry shall retain the recovered amount in the shape of FDR(s), initially for a period of six months, to be renewed regularly."
9. A reading of the aforesaid portions from the impugned order indicates that a determination is yet to be made on the objections filed by the petitioner company before the NCDRC. Paragraph 6 of the order quoted above itself uses the expression 'in cases where the decree has not been satisfied as per its terms and conditions.' This indicates that a determination has to be made as to whether or not the decree in terms of the settlement agreement has been satisfied. The petitioner company has filed objections with regard to the execution petitions. Until such objections were decided by the NCDRC, the recovery certificate against the petitioner company could not have been issued.
10. Accordingly, in terms of the directions passed in judgment dated 26th October, 2021 in CM(M) 770/2021 titled Shree Vardhman Infrahome Pvt. Ltd. Vs. Akash Gupta & Ors., the NCDRC is requested to decide the objections filed on behalf of the petitioner company on 4th September, 2021 on the next date of hearing or any short date thereafter.
Signature Not Verified Signed By:SAKSHI RAMOLA CM(M) 916/2021and connected matters Page 12 of 13 Signing Date:10.28.2021 23:38:4111. No coercive steps pursuant to the recovery certificate, if any issued, shall be taken against the petitioner company till the time the said objections are adjudicated by the NCDRC.
12. It is clarified that no observations with regard to the merits of the matter have been made in the order passed today and all rights and contentions of the parties, including issues with regard to maintainability, jurisdiction, and merits are kept open.
13. The present petitions along with pending applications are disposed of.
AMIT BANSAL, J.
OCTOBER 28, 2021 dk Signature Not Verified Signed By:SAKSHI RAMOLA CM(M) 916/2021and connected matters Page 13 of 13 Signing Date:10.28.2021 23:38:41