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2025 Supreme(Online)(NCDRC) 2761
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
DR. INDER JIT SINGH, PRESIDING MEMBER, JUSTICE DR. SUDHIR KUMAR JAIN, MEMBER
Pranav Ansal – Appellant
Versus
Sunita Jain – Respondent
APPEAL EXECUTION NO. 95 OF 2024 | APPEAL EXECUTION NO. 96 OF 2024 | APPEAL EXECUTION NO. 97 OF 2024 | APPEAL EXECUTION NO. 98 OF 2024
For the Appellants/Petitioners: Mr. Hitaish Chauhan
For the Respondents: Ms. Nidhi Jain
The court ruled on the maintainability of appeal executions under Section 73, emphasizing procedural correctness in issuing non-bailable warrants.
Headnote:The present Appeal Executions seek to challenge the orders of the State Consumer Disputes Redressal Commission, which issued non-Bailable warrants against the Appellant under Section 72 of the Consumer Protection Act, 2019, following non-compliance with decree obligations. The court reviewed procedural requirements and confirmed the orders' legality while highlighting procedural discrepancies regarding the issuance of arrest warrants without prior summons. The appeals are disposed of with directions for personal appearance and compliance with the decree, with further action possible under Section 72 if necessary.
| Table of Content |
|---|
| 1. filing of appeal executions challenging state commission orders. (Para 1 , 2 , 3 , 5 , 6) |
| 2. discussion on non-compliance and the issuance of warrants. (Para 7 , 8) |
| 3. assessment of appeals under section 73 and the relevant procedure. (Para 9) |
| 4. directions regarding appearance and future compliance with decrees. (Para 10 , 11 , 12) |
| 5. final disposal of appeal executions with specific directions. (Para 13) |
ORDER
DR. INDER SINGH, PRESIDING MEMBER
1. These 4 Appeal Executions have been filed challenging the orders of the State Consumer Disputes Redressal Commission (hereinafter referred to as 'State Commission') in various Execution Petitions as detailed below:
| Sr.No. | Appeal Execution No. | EA No. before State Commission |
| 1. | AE/95/2024 | EA/1/2024 in CC/70/2017 |
| 2. | AE/96/2024 | EA/2/2024 in CC/71/2017 |
| 3. | AE/97/2024 | EA/3/2024 in CC/73/2017 |
| 4. | AE/98/2024 | EA/4/2024 in CC/74/2017 |
2. As these AEs have been filed against similar orders of the State Commission and issues involved are same, hence these are taken up together.
3. Four Consumer Complaints as per following details were filed and decided by the State Commission:
| Sr.No. | CC No. | Name of the Complainant | Name of the OPs | Date of Disposal/ Decree |
| 1. | CC/70/2017 | Ms. Sunita Jain | Ansal Properties and Infrastructure Ltd. & Ors.______________ | 09.08.2023 |
| 2. | CC/71/2017 | Ms. Shivani Aggarwal | Ansal Properties and Infrastructure Ltd. & Ors.______________ | 09.08.2023 |
| 3. | CC/73/2017 | Mr. Jai Dutt Vashisht | Ansal Properties and Infrastructure Ltd. & Ors._____________ _ | 09.08.2023 |
| 4. | CC/74/2017 | Mr. Ram Sewak Sharma & Anr. | Ansal Properties and Infrastructure Ltd. & Ors. | 09.08.2023 |
4. Execution Petitions were* filed by the Decree Holders before the State Commission as per the following details:
| Sr. No. | EA No. | Name of the Decree Holder | Name of the Judgment Debtor | Date of the State Commission's order_______ |
| 1. | EA/1/2024 | Ms. Sunita Jain | Ansal Properties and Infrastructure Ltd. & Ors. | 03.12.2024 |
| 2. | EA/2/2024 | Ms. Shivani Aggarwal | and Properties Ansal Infrastructure Ltd. & Ors. | 03.12.2024 |
| 3. | EA/3/2024 | Mr. Jai Dutt Vashisht | Ansal Properties and Infrastructure Ltd. & Ors. | 03.12.2024 |
| 4. | EA/4/2024 | Mr. Ram Sewak Sharma & Anr. | and Properties Ansal Infrastructure Ltd. & Ors. | 03.12.2024 |
5. Vide above stated different orders dated 03.12.2024, the State Commission issued directions to issue non-Bailable warrants of arrest against Mr. Sushil Ansal, Chairman and Whole Time Director, Mr. Anil Kumar, Managing Director and Pranav Ansal, CEO and whole time Director of M/s Ansal Properties & Infrastructure Ltd. for 25.02.2025. Hence, the present four Appeal Executions have been filed by Mr. Pranav Ansal, CEO and whole time Director of M/s Ansal Properties & Infrastructure and Ors., challenging the above stated orders of the State Commission dated 03.12.2024 and 09.08.2023.
6. Above stated orders of the State Commission are reproduced below:
6.1 Impugned order dated 03.12.2024 passed in EA/1/2024 in CC/70/2017 (AE/95/2024)
"Mr. Sunny Tyagi, counsel, Advocate appearing on behalf of Judgment Debtors-OPs No.3 pointed out that JDs No. 1 to 5 have not deposited amount in account of DH-compiainant after order dated 11.011.2024 passed by this Commission. In view of above, this commission has been constrained to adopt coercive approach against JDs No. 1 to 5.
Under these circumstances let, non-Bailable warrants of arrest be issued against Mr. SilshH Ansai, Chairman and Whole Time Director, and Mr. Anil Kumar Managing Director and Pranav Ansal, CEO and whole time Director; M/s Ansal Properties & Infrastructure Ltd.) for 25.02.2025 on the addresses given in the memo of parties through Superintendent of Police, of area concerned where these JDs are currently residing with the request to depute a police officer not below the rank of Inspector for the purpose of execution of Non- Bailable warrants of arrest.
It is further clarified that in case of failure to execute Non- Bai table warrants of arrest, executing police official would come in person before this Commission on adjourned date to explain reasons in
