Section 27 of the Consumer Protection Act, 1986 serves as a stringent penal provision, empowering Consumer Commissions to act as Judicial Magistrates to punish willful, contumacious non-compliance of final orders with imprisonment to maintain the sanctity of the consumer redressal mechanism.

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH

1. Roshan Kumar S/o Sh. Lal Chand,

2. Pooja Garg W/o Sh. Roshan Kumar

Resident of Aggarwal Book Depot, Nabha Gate, Sangrur.

....Decree Holders

Versus

1. Emerging India Housing Corporation Ltd., SCO 46-47, Sector 9-D, Near Mattka Chowk, Madhya Marg, Chandigarh-160009 through its Managing Director Sh.Gurpreet Singh Sidhu

2nd Address:- B-57, Lower Ground, South Extension, New Delhi-49

2. Sh.Gurpreet Singh Sidhu, Managing Director, Emerging India Housing Corporation (P) Ltd. SCO 46-47, Sector 9-D, Near Mattka Chowk, Madhya Marg, Chandigarh-160009

2nd Address:- B-57, Lower Ground, South Extension, New Delhi-49

3. Sh.Kamaljit Singh, R/o H.No.26, Hira Bagu, Chaura, University, Patiala-147002, Punjab,. Director of Emerging India Housing Corporation (P) Ltd. SCO 46-47, Sector 9-D, Near Mattka Chowk, Madhya Marg, Chandigarh (name deleted)

.....Judgment Debtors/opposite parties

JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

The present execution application has been filed by the complainants/decree holders under Section 27 of the Consumer Protection Act, 1986 against Emerging India Housing Corporation (P) Ltd. and its Managing Director, Gurpreet Singh Sidhu, for non-compliance of the order dated 11.01.2018 passed by this Commission in Consumer Complaint No.252 of 2017. Undisputedly, the said order dated 11.01.2018 has attained finality.

Background facts:-

2. Briefly stated, the facts of the case are that the complainants/decree holders, namely Sh. Roshan Kumar and his wife-Pooja Garg, booked a flat in the project of the judgment debtors and paid a total amount of Rs.18,86,600/- during the period from 2011 to 2013. However, neither possession of the said flat was delivered nor was the amount paid, refunded by the opposite parties/judgment debtors. Consequently, they filed Consumer Complaint No.252 of 2017 before this Commission on 20.03.2020, which was partly accepted vide order dated 11.01.2018 (Ex.C-2) as under:-

“…14. For the reasons recorded above, this complaint is partly accepted, with costs. The opposite parties, jointly and severally, are directed as under:-

(i) To refund the amount of Rs.18,86,600/- to the complainants, alongwith interest @12% p.a., from the respective dates of deposits onwards.

(ii) To pay compensation, in the sum of Rs.1 lac, for causing mental agony and physical harassment, to the complainants, as also escalation in prices.

(iii) To pay cost of litigation, to the tune of Rs.33,000/- to the complainants.

(iv) The payment of awarded amounts, in the manner mentioned at sr.nos.(i) to (iii), shall be made, within a period of 02 (two) months from the date of receipt of a certified copy of this order, failing which, the amount mentioned at sr.no.(i) shall carry penal interest @15% p.a., instead of @12%, from the date of filing of this complaint and interest @12% p.a., on the amounts mentioned at sr.nos.(ii) and (iii) also, from the date of filing of this complaint, till realization.

15. However, it is made clear that, if the complainants, have availed loan facility from any banking or financial institution, for making payment of installments towards the said unit, it shall have the first charge of the amount payable, to the extent, the same is due to be paid by them (complainants)….”

3. Upto filing of the instant application, nothing was paid by the accused. At that time, Exh. C-3 (calculation s