Back
2026 Supreme(Online)(SCDRC) 5368
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHANDIGARH
Raj Shekhar Attri, President, Preetinder Singh, Member
Anjali Dogra – Appellant
Versus
Emerging Valley Pvt. Ltd. – Respondent
EXECUTION APPLICATION NO. SC/4/EA/105/2021 | SC/4/CC/80/2019
For the Appellants/Petitioners: Ravinder Pal Singh
For the Respondents: Sonpreet Singh Brar
Willful non-compliance of a Consumer Commission's order attracts penal consequences under Section 27 of the Consumer Protection Act, 1986, including imprisonment and fines, to ensure the effectiveness of the consumer redressal mechanism and deter the defiance of lawful directions.
Headnote:Under Section 27 of the Consumer Protection Act, 1986, the court examined the willful non-compliance of a decreetal order dated 04.01.2021. The case involves a consumer who paid a substantial sum for a plot but received neither possession nor a refund. The court found that the judgment debtors failed to comply with the order to refund the amount with interest and compensation, despite several opportunities and a partial payment of only a small fraction of the total due. The primary issue was whether the accused, as Director of the company, failed to comply with the order in terms of Section 27 of the Consumer Protection Act, 1986. The court reasoned that the penal provisions of the Act are intended to deter willful non-compliance and uphold the sanctity of the consumer redressal mechanism. The court further noted that the accused's failure to honor a voluntarily entered mediation settlement demonstrated intentional and contumacious defiance of the legal mandate. The accused, Sh. Gurpreet Singh Sidhu is sentenced to undergo imprisonment for a period of 2 years and 6 months (Two years and six months) and to pay fine in the sum of Rs.2000/- (Two Thousand only) and in default of payment of fine, he will undergo simple imprisonment, for further period of one month.
ORDER
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
U.T., CHANDIGARH
Execution Application No.: 105 of 2021
Date of Institution: 01.10.2021
Date of Decision: 19.05.2026
Anjali Dogra W/o Sh. Sunil Kumar Awasthi R/o VPO & Tehsil Jaisinghpur, Distt. Kangra, Himachal Pradesh.
..Complainant/ Decree Holder
Versus
1. Emerging Valley Private Limited, Head Office at SCO No. 46-47, First Floor, Sector 9-D, Chandigarh through its Director, Gurpreet Singh Sidhu.
2. Gurpreet Singh Sidhu, Director, Emerging Valley Private Limited, Head Office at SCO No. 46-47, First Floor, Sector 9-D, Chandigarh.
(Now in judicial Custody, Model Jail Burail, Sector 45, Chandigarh)
…..Judgment Debtors (Opposite Parties)
BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT
MR. PREETINDER SINGH, MEMBER
PRESENT:-
Sh.Ravinder Pal Singh, Advocate, counsel for the Decree Holder.
None for JD No.1.
Sh.Sonpreet Singh Brar, Advocate, counsel for the judgment debtor/Gurpreet Singh Sidhu alongwith Sh.Gurpreet Singh Sidhu (Produced from Model Jail)
PER JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT
Above named accused-Gurpreet Singh Sidhu, Director of Emerging Valley Private Limited (in short the company) is facing trial for the offence punishable under Section 27 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) on account of willful non-compliance of order dated 04.01.2021 (Exh. C-2) passed by this Commission in Consumer Complaint No.80 of 2019, whereby directions were issued against the judgment debtors/opposite parties to refund the deposited amount alongwith interest and compensation to the Complainant/Decree Holder.
Factual scenario:-
Briefly stated, the facts of the case as mentioned in order dated 04.01.2021, Exh. C-2 are that the Complainant/Decree Holder had applied for a plot measuring 100 square yards in the project of the opposite parties, launched under the name and style “Emerging Valley Pvt. Ltd.”, Kharar Landran Banur Road, Mohali, Punjab, for a total sale consideration of Rs.16,43,500/-. Out of the said amount, the Complainant/Decree Holder paid a total sum of Rs.12,01,074/- between 24.10.2013 to 25.10.2016. Despite receipt of the aforesaid huge amount, neither possession of the said plot was delivered nor was the amount paid refunded by the opposite parties/judgment debtors. Consequently, she filed above said Consumer Complaint No. 80 of 2019 before this Commission on 10.04.2019 against Emerging Valley (P) Ltd and also against its Director- Gurpreet Singh Sidhu. The said consumer complaint was partly accepted vide common order dated 04.01.2021 (Exh. C-2) as under :-
"...In CC No.80 of 2019, the opposite parties, jointly and severally, are directed as under:-
i) To refund the amount of Rs. 12,01,074/- (admittedly paid to the opposite parties) to the complainant, alongwith interest @12% p.a., without deducting any TDS, from the respective dates of deposit onwards, within a period of 30 days, from the date of receipt of a certified copy of this order, failing which, thereafter, the said amount of Rs. 12,01,074/-shall carry 3% penal interest i.e. 15% p.a. (12% p.a. plus (+) 3% p.a.), from the date of passing of this order, till realization.
ii) To pay compensation for causing mental agony and physical harassment; deficiency in providing service and adoption of unfair trade practice and also cost of litigation, in lumpsum, to the tune of Rs.50,000/- to the complainant within a period of 30 days from the date of receipt of a certified copy of this order, failing which, the said amount of Rs.50,000/-, shall carry interest @9% p.a. from the date of passing of this order, till realization…..,,”
It is an undisputed fact that despite the order dated 04.01.2021 (Exh. C-2) having attained finality, but the same was not complied with, within the stipulated period despite adequate opportunities having been granted to the judgment debtor/accused. As such, the present execution application under Section 27 of the Consumer Protection Act, 1986 was filed seeking punishment of
