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 No.2

V e r s u s

^{1.  Sandeep Goyal s/o Sh. Roshan Lal Goyal, R/o House No.394, Sec-9, Panchkula.}

^{2.  Tripta Goyal w/o Sandeep Goyal, R/o House No.394, Sec-9, Panchkula.}

....Respondents/Decree Holders/complainants

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.137 of 2011, titled as Sandeep Goyal and Anr. Vs. M/s J.S. Dwellers Pvt. Limited and Anr., vide which, ^{Mr. Sudeep Singh Sabharwal, Managing Director/Director of Opposite Party No.1,} 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.97 of 2011, was filed by Mr. Sandeep Goyal and Tripta Goyal, Decree Holders/complainants, on the allegations that the Judgment Debtors/Opposite Parties No.1 and 2, 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 complainants, visited the site, and deposited a sum of Rs.25,000/-, with the Opposite Parties, vide receipt No.065 dated 15.05.2006 (Annexure C-2). Another amount of Rs.2 lacs, as part price of the said apartment, was paid by the complainants. In all, an amount of Rs.2.25 lacs, was paid by the complainants, towards the part price of said apartment. The total price of the apartment, booked by the complainants, consisting of three bedrooms drawing/dining, kitchen and toilets, ground floor, was fixed at Rs.15 lacs, which included wood work, sanitary, electrical fittings etc. Apartment Buyer`s Agreement dated 19.02.2007, 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 complainants were ready and willing to perform their part of the contract.}

3.              ^{In the middle of June, 2009, the complainants visited the site, and found the office of the Opposite Party locked. It came to the knowledge of the complainants that Opposite Party No.2/Mr.Sudeep Singh Sabharwal, Managing Director/Director of M/s J.S. Dwellers Pvt. Limited,} Judgment Debtor No1/Opposite Party No.1, had been ^{arrested by the Chandigarh Police, in a cheating case.  It was stated that neither the construction of apartment, was completed by the Opposite Parties, nor the question of delivery of possession thereo}