State Consumer Disputes Redressal Commission
Shahin Bi Mulla vs M/S Utopia Projects Pvt. Ltd. on 24 April, 2023
BEFORE THE GOA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION,
PANAJI-GOA
In the matter of Miscellaneous Application number 07 of
2018 in Consumer Complaint number 09 of 2014.
Before Shri Dhananjay A. Jog, President
Dr. Nagesh S. Colvalkar, Member
Adv. Smt. Varsha R. Bale, Member
Smt. Shahin Mulla,
d/o Shri Abdul Rehman Beig,
w/o Shri Shariff Mulla,
House no. 476/2, Cariamoddi,
Cacora, Quepem, Goa. ......Decree Holder
V.
M/s. Utopia Projects Pvt. Ltd.,
through its Director
83-C, Mittal Towers, Nariman Point,
Mumbai MH 400021. ......Judgment Debtor-1
Shri Ravindra Chohan,
Director, M/s. Utopia Projects Pvt. Ltd.,
83-C, Mittal Towers, Nariman Point,
Mumbai MH 400021. ......Judgment Debtor-2
Shri Manjit Chohan,
Director, M/s. Utopia Projects Pvt. Ltd.,
83-C, Mittal Towers, Nariman Point,
Mumbai MH 400021. ......Judgment Debtor-3
Adv. Shri S. Sardessai present for Decree Holder.
None present for Judgment Debtors.
DATE: 24/04/2023
1
JUDGMENT
[per Shri Dhananjay A. Jog, President]
1. This Miscellaneous Application under Section 27 of the CPA 1986 was filed as far back as in 2018 to seek compliance by Judgment Debtors of the Judgment pronounced by this Commission in CC/09/2014 dated 26/09/2014.
2. Vide said Judgment, Decree Holder (then Complainant) was entitled to receive Rs.30/-Lakhs from Judgment Debtors (then Opposite Parties) together with interest as specified. A further amount of Rs.1/-Lakh was granted as compensation and Rs.56,650/- per month from 01/02/2013 till payment.
3. Since Judgment Debtors did not comply with said Judgment, Decree Holder approached this Commission by way of this Miscellaneous Application on 22/01/2018. Upon admission notice was issued to Judgment Debtors but the same remained un-served with postal remark "Not Known" on 01/03/2018. Another notice Judgment Debtor-3 at a local, Porvorim Goa, address returned on 12/03/2018 with the remark "Door Locked. Intimated on 23/02/2018. Unclaimed. Return to Sender".
24. Decree Holder furnished a fresh address of Judgment Debtors on 04/05/2018. Notice to this address returned with the remark "Door Locked. Intimated. Unclaimed". Yet another notice was issued by this Commission through the Police Inspector, Porvorim. On 11/12/2018 report from said Police Inspector stated that the Police Inquiry revealed that the office was closed and the notice returned un-served. At this stage, against an application by Decree Holder, this Commission issued bailable warrants against Directors of Judgment Debtors in sum of Rs.10,000/- each to Superintendent of Police, North Goa, Porvorim. This was returned by the Police Authority stating "Whereabouts of Warrantees not known". Decree Holder than furnished a new address of Judgment Debtors. Notices remained un-served with remark "Addressee Gone Away. Addressee Unknown".
5. In or about March 2020 lockdown restrictions were imposed and hence the matter could be next heard on 12/06/2020 on which date then Advocate for Decree Holder applied and was allowed to withdraw from the matter. Subsequently Decree Holder failed to appear on 19/01/2021 and 08/02/2021, due to which, in the interest of justice, office of this Commission was directed to inform Decree Holder, which was done on the same date. On 01/04/2021 Decree Holder appeared in person and prayed for time to take steps. On 15/11/2021 a notice, issued at our direction was served to Decree Holder to appear and take steps.
36. Around this time this Commission was reduced to a Single-Member Bench. Nevertheless, Decree Holder applied for and was again allowed publication of notice against Judgment Debtors. The same was published on 08/03/2022 in 'The Navhind Times'.
7. On or around 20/06/2022, this Commission was constituted with a complete quorum.
8. On 28/02/2022 Decree Holder filed an application to issue Standing Warrant against Judgment Debtors for compliance under Sec. 27 of the CPA 1986. Show Cause notices to Judgment Debtors returned un-served as reported on 27/04/2022.
"Addressee cannot be traced".
9. At request of Decree Holder, notices were also issued to Judgment Debtors' addresses in Edgbaston, Birmingham, UK. The Royal Mail service of the UK returned the notices with remarks "Addressee unknown. Refused".
10. With the background as above this Judgment shall decide upon the main Miscellaneous Application.
11. It is seen that truly extensive efforts were made to trace and serve Judgment Debtors and have them before this Commission to assist the process of Law.
412. It is also noted that in spite of extensive efforts (notice published twice - in the 'The Goan' & 'The Navhind Times'; attempt to serve notices at various addresses including those in Mumbai and England;
attempt to serve Judgment Debtors through the Police Department, with the help of Judgment Debtor's mobile number) it has not been able to serve Judgment Debtors. It can therefore be conclusively established that Judgment Debtors have tried to escape the process of law and avoid complying with their liabilities. They can conclusively determined to be absconding.
13. In the interest of justice and the Consumer, a woman, who has received a Decree in her favour as long back on 26/09/2014 she is only in possession of the said Decree but not the fruits thereof.
14. It is hence ordered as follows:
ORDER a. Office of this Commission shall issue a Standing Warrant as against Judgment Debtors under which said Judgment Debtors, if/when traced anywhere shall be arrested and brought before this Commission.5
b. If the said Judgment Debtors are so traced, arrested, and appear before this Commission, Substance of Accusation shall be explained to them and upon hearing them shall be sentenced, if required, as per provisions of Sec. 27 of CPA 1986.
c. Proceedings in this matter stand hereby closed.
d. In the facts of the matter there shall be no Order as to further costs.
[Shri Dhananjay A. Jog] President [Dr. Nagesh S. Colvalkar] Member [Adv. Smt. Varsha R. Bale] Member sn 6