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2026 Supreme(Online)(SCDRC) 3777
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
S.P. Tavade, President, V.C. Premchandani, Member
Vipeen B. Rawat – Appellant
Versus
Supreme Developers – Respondent
Execution Application No.EA/19/2
For the Appellants/Petitioners: S.B. Bhatagunaki
For the Respondents: Ajay R. Shah
Willful non-compliance of a final order passed by a Consumer Commission attracts penal consequences, including imprisonment and fines, under Section 27 of the Consumer Protection Act 1986, provided the order was duly served and remained unchallenged.
Headnote:The matter pertains to an execution application filed under S.27 of the Consumer Protection Act 1986, following the failure of the respondents to comply with an order dated 05/04/2018. The original order directed the opponents to either execute a sale deed and hand over possession of a flat upon payment of balance consideration or refund the amount paid with interest, along with compensation for mental agony and litigation costs. The court found that the order was duly served and attained finality under S.24 of the Consumer Protection Act 1986, yet the respondents willfully failed to comply, citing project litigation as a reason for inability to hand over possession. The court framed the primary issues as whether the accused willfully disobeyed the order and if they committed the offence prescribed under S.27 of the Consumer Protection Act 1986. The ratio decidendi is based on the finding that the accused had knowledge of the order, did not challenge it via appeal, and failed to provide evidence to rebut the claim of non-compliance, thereby proving the offence beyond reasonable doubt. As per section 27 of the Consumer Protection Act 1986, the accused is awarded Simple Imprisonment for a period of two years with a fine of Rs.10,000/-.
| Table of Content |
|---|
| 1. application for execution of a prior consumer court order for possession or refund. (Para 1 , 2 , 3 , 4) |
| 2. procedural history of the execution application and proof of service of order. (Para 5 , 6) |
| 3. determination of willful disobedience and finality of the original order. (Para 7 , 8) |
| 4. application of penal provisions for non-compliance under s.27 of cpa 1986. (Para 9 , 10) |
| 5. determination of quantum of punishment and final sentencia. (Para 11) |
Per Hon’ble Mr.V.C.Premchandani –Member
1. The present execution application is filed by the applicant (original complainant) u/sec.27 of Consumer Protection Act 1986.
The facts of the application:-
2. The applicant /org.complainant had filed the consumer complaint bearing no.CC/374/2015 before this Commission against the respondent (accused). The same was decided as on 05/04/2018.
3. The Hon’ble Commission was pleased to pass the following operative order:-
(i) Consumer Complaint is partly allowed.
(ii) The opponents are hereby jointly and severally directed to execute registered sale deed in favour of the complainant.
(iii) The opponents are jointly and severally directed to hand over possession of Flat no.902, B wing, admeasuring area about 401.8 sq.ft. (carpet) in a building (project) known as Supreme Heights, Beverly Park, Near Evershine Woods, Kanakia Road, Mira Road (E), Dist. Thane 401 107 to the complainant on payment of balance consideration by the complainant i.e. Rs.15,26,840/- (Rupees Fifteen Lacs Twenty Six Thousand Eight Hundred Forty only) (Rs.21,81,200/- minus Rs.6,54,360).
The complainant to pay balance amount of Rs.15,26,840/- (Rupees Fifteen Lacs Twenty Six Thousand Eight Hundred Forty only) (Rs.21,81,200/- minus Rs.6,54,360) and on receipt of balance consideration the opponents are jointly and severally directed to handover possession of Flat No.902, B Wing, admeasuring area about 401.8 sq.ft. (carpet) in a building (project) known as Supreme Heights, Beverly Park, Near Evershine Woods, Kanakia Road, Mira Road (E), Dist. Thane 401 107 within two months to the complainant.
If the opponents refuse to accept balance consideration, the complainant is at liberty to deposit the amount in State Commission under intimation to the opponents.
OR
At the option of the complainant, alternatively, the opponents are jointly and severally directed to refund amount of Rs.6,54,360/- (Rupees Six lacs Fifty Four thousand Three Hundred Sixty only) to the complainant with interest @ 12% per annum from last payment (i.e.11/12/2011) till realization of the amount.
The order of repayment be complied with within a period of two months from the date of this order, otherwise, the amount will carry interest @15% per annum.
(iv) The opponents are directed to pay jointly and severally amount of Rs.1,00,000/- (Rupees One Lac only) towards compensation for mental pain and agony and Rs.25,000/- (Rupees Twenty Five Thousand only) towards costs of litigation to the complainant.
(v) This judgment is dictated in open Court in presence of Advocate of the complainant.
4. The aforesaid order was duly served to the respondent by this Commission as on 14/08/2018 and 22/10/2018 respectively by speed post. In spite of receipt of the order, the respondent failed to comply the order. Therefore, the present execution application is preferred by the applicant, as the respondent has willfully, deliberately and intentionally not complied the order passed by this Commission. Therefore, liable for punishment as mentioned in section 27 of the Consumer Protection Act 1986.
5. After verification in the present application, summons was issued to the respondent. The respondent appeared and after compliance of the bail procedure, the plea of the accused was recorded as on 09/01/2023, wherein the accused pleaded not guilty. The complainant has led the evidence by way of filing the affidavit in lieu of examination-in-chief as on November 2023. The counsel for the accused taken the cross examination of the comp
