STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
U.T., CHANDIGARH
Mr. Sudeep Singh Sabharwal,
Present Address:-
Club Road, Near Church (Near Nagaland Border), Jorhat, Assam State, Pin Code - 785001.
Old Address:-
SCO No.210-211, 2nd Floor, Sector 34-A, Chandigarh.
……Appellant
V e r s u s
S. Balbir Singh, S/o S.Pritam Singh, R/o 132, Phase-XI, District S.A.S. Nagar, Mohali (Punjab)
....Respondent
Appeal under Section 27-A of the Consumer Protection Act, 1986.
BEFORE: JUSTICE SHAM SUNDER (RETD.), PRESIDENT.
MR. DEV RAJ, MEMBER.
Argued by: Sh. Rajnish Tyagi, Advocate for the appellant.
PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT
This appeal, under Section 27-A, is directed against the order dated 30.10.2013, rendered by the District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (hereinafter to be called as the District Forum only) in Criminal Petition No.51 of 2012, in the Consumer Complaint bearing No.265 of 2011, titled as S.Balbir Singh Kochhar Vs. M/s J.S. Dwellers Pvt. Limited, vide which, Sh. Sudeep Singh Sabharwal, Director of the Opposite Party, was convicted and sentenced to undergo simple imprisonment, for a period of two and a half years , and to pay a fine of Rs.10,000/-. It was also directed that, in default of payment of fine, by Sh. Sudeep Singh Sabharwal, Director of the Opposite Party, he shall further undergo simple imprisonment, for a period of six months, which would not run concurrent to the sentence of two and a half years, aforesaid.
2. The facts, in brief, are that the complainant (now respondent) filed the Consumer Complaint bearing No.265 of 2011, on the allegations, that he booked an apartment with M/s J.S. Dwellers Pvt. Limited, through its Director Sh. Sudeep Singh Sabharwal, in the project, under the name and style “Cresent Apartments” at Khasra No.652/475, Khewat/Khatouni No.61/70, situated in Village Saner, Hadbast No.161, P.O. Manpura, Prg. Tehsil Nalagarh, District Solan. The total sale price of the said apartment was to the tune of Rs.13,55,000/-. An amount of Rs.1,25,000/-, towards part price of the said apartment, was paid by the complainant, as is evident from the receipt dated 10.05.2006 Annexure C-4. Apartment Buyer`s Agreement dated 23.05.2006 (Annexure C-5), was executed between the parties, at Chandigarh. According to Clause No.14 of the said Agreement, the Opposite Party 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. It was stated that neither the construction of apartment, was completed by the Opposite Party, nor the question of delivery of possession thereof could arise, nor the refund of amount deposited by the complainant was made to him, despite various requests. It was further stated that the aforesaid acts of the Opposite Party, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only), was filed, claiming various reliefs.
3. The District Forum, vide order dated 28.03.2012, accepted the Consumer Complaint bearing No.265 of 2011, and directed the Opposite Party, as under:-
“Hence, the complaint is allowed and the Opposite Party is directed to:-
[a] Refund the amount o
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