STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

^{Mr. Sudeep Singh Sabharwal, s/o Late Sh. D.S. Sabharwal, 100, Lakhi Nagar, Club Road, Jorhat, Assam 785001}

……Appellant/Judgment Debtor/Opposite Party

V e r s u s

^{V.K. Chaturvedi s/o Late Sh.K.C. Chaturvedi, R/o House No.2137-A, Sec-66, Mohile (infact Mohali).}

 ....Respondent/Decree Holder/complainant

Appeal under Section 27-A of the Consumer Protection Act, 1986.

BEFORE:   JUSTICE SHAM SUNDER (RETD.), PRESIDENT.

                MR. DEV RAJ, MEMBER.

Argued by: Sh. Rohit Sapra, Advocate for the appellant.

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

              This appeal is directed against the order dated 13.02.2013, rendered by the District Consumer Disputes Redressal Forum-I, UT, Chandigarh (hereinafter to be called as the District Forum only), in Criminal Petition No.35 of 2011, titled as V.K. Chaturvedi Vs. M/s J.S. Dwellers Pvt. Limited, vide which, ^{Mr. Sudeep Singh Sabharwal, Managing Director/Director of the Opposite Party,} was convicted and sentenced to undergo simple imprisonment, for a period of one year, and to pay a fine of Rs.10,000/-, in default of payment whereof, to undergo further imprisonment for a period of 6 months.

2.             The facts, in brief, are that the Consumer Complaint bearing No.254 of 2010, was filed by V.K. Chaturvedi, Decree Holder/complainant, on the allegations that the Judgment Debtor/Opposite Party, floated a scheme, under the name and style “Cresent Apartments” at Baddi^(HP), with a proposal to ^{develop apartments, on the total land, comprising Khasra No.652/475, Khewat/Khatouni No.61/70, situated in Village Saner, Hadbast No.161, P.O. Manpura, Prg. Tehsil Nalagarh, District Solan. Attracted by the advertisements, in leading newspapers, giving rosy pictures, that the project had been duly approved by the Himachal Pradesh Govt., the complainant, alongwith his family, visited the site, and deposited a sum of Rs.25,000/-, with the Opposite Party, vide receipt No.554 dated 13.01.2006 (Annexure C-3). Another amount of Rs.1 lac, as part price of the said apartment, was paid by the complainant, to the Opposite Party, vide receipt dated 10.05.2006. It was stated that, another amount of Rs.3 lacs, in cash, was deposited by the complainant, with the Opposite Party, towards part price of the said apartment, against which, no receipt was issued by it. It was further stated that, in all, an amount of Rs.4.25 lacs, was paid by the complainant, towards the part price of said apartment. The total price of the apartment, booked by the complainant, consisting of three bedrooms drawing/dining, kitchen and toilets, ground floor, was fixed at Rs.14.35 lacs, which included wood work, sanitary, electrical fittings etc. Apartment Buyer`s Agreement dated 18.05.2006 (Annexure C-7), was executed between the parties, at Chandigarh. According to Clause No.14 of the said Agreement, the builder was to complete the project, within 2 years, from the start of construction. Even after the lapse of two years, the time stipulated, in the said Agreement, no progress was made to complete the construction of apartment, despite the fact that the complainant was ready and willing to perform his part of the contract.}

3.              ^{In the middle of June, 2009, the complainant visited the site, and found the office of the Opposite Party locked. It came to the knowledge of the complainant that Mr.Sudeep Singh Sabharwal, Managing Director/Director of M/s J.S. Dwellers Pvt. Limited,} Judgment Debtor/Opposite Party, had been ^{arrested by the Chan}