Willful non-compliance with a Consumer Commission's order to deliver possession of a property, especially after receiving payment, attracts penal consequences including imprisonment and fines under Section 27 of the Consumer Protection Act, 1986.

FINAL ORDER

Per Hon’ble Vijay C.Premchandani – Member

1. The present execution application is filed by the applicant (original complainants) u/sec.27 of the Consumer Protection Act 1986 for non-compliance of the order passed by this Commission in Consumer Complaint no.348/2013 (CC/15/348).

Facts of the application:-

2. The applicant contended that in the original complaint following impugned order is passed:-

1. Consumer complaint is partly allowed with costs quantified at Rs.15,000/- (Rupees Fifteen Thousand only) payable to the complainants by the opponents.

2. Opponents are guilty of deficiency in service for not handing over possession of the flat to the complainants.

3. Opponents are directed to complete the construction of said flat No.B- 302, 3rd floor, admeasuring 620 sq.ft. carpet area in the residential project “Sterling Apartments” at Survey No.292(Part), CTS No.406- 1A(pt.), 407 and 407-1 of village Kurla of Mumbai Suburban District in all respects and obtain occupancy certificate and building completion certificate and hand over possession to the complainants within four months from the date of payment of remaining consideration i.e. Rs.2,52,900/- plus Rs.25,000/- as deposit for payment of expenses and Rs.25,000/- as deposit for payment towards share money and entrance fee [Total : Rs.3,02,900/- (Rupees Three Lakhs Two Thousand Nine Hundred only)]. If the opponents refused to accept the amount, then complainants should deposit the amount in this Commission under intimation to the opponents and from that date within four months possession should be handed over to the complainants.

4. Opponents are further directed to pay interest @ 21% p.a. on the amount of Rs.22,74,100/- (Rupees Twenty Two Lakhs Seventy Four Thousand One Hundred only) from the date of filing of complaint i.e. 30/08/2013 till handing over possession of the said flat to the complainants.

5. Opponents are also directed to pay Rs.1,00,000/- (Rupees One Lakh only) as compensation on account of physical and mental harassment suffered by the complainants.

3. The applicant contended in the application that the respondent/accused has not complied the order. Therefore, the present Execution Application is filed.

4. The applicant has prayed that the accused may be dealt and punished according to the provisions of section 27 of the Consumer Protection Act 1986.

5. The present application was verified and the process was issued against the accused u/sec.27 of the Consumer Protection Act 1986. The accused appeared. The plea of the accused is recorded, which is at Exhibit 8. The accused has pleaded not guilty of the offence alleged against them.

6. The complainant filed their evidence by way of affidavit in examination in chief and the accused took the cross examination of the complainant, which is at Exhibit-11. The statement of the accused u/sec.313 of Cr.P.C. is recorded below Exhibit-13. The accused examined himself in their defence and filed their affidavit in examination in chief. The complainant took the cross examination of the accused which is below Exhibit-12.

7. Both the sides have argued the present Execution Application. After perusal of the evidence placed on record, impugned order passed in the original consumer complaint and after hearing the final argument the following points are arisen for the determination as mentioned herein under:-