ORDER

R. K. AGRAWAL, J., PRESIDENT

 “15.   For the aforesaid reasons, I am of the view that in the present case also, the Complainants cannot be made to wait indefinitely for possession of the flat, as the construction is still not complete and the Developer is not in a position to give an exact date of offering of possession to the Complainants. Therefore, the Complainants are entitled for refund of the principal amount with reasonable rate of interest.

16.     Respectfully following the decisions of the Co-ordinate Benches of this Commission, I partly allow the Complaint and direct the Opposite Party Developer to refund the entire principal amount deposited by the Complainants with interest @ 9% p.a. from the respective date of deposit till the realization, within a period of six weeks from the date of receipt of a copy of this Order failing which the amount shall carry interest @ 12% p.a. for the same period. The Opposite Party Developer shall also be liable to pay ₹50,000/- as costs of litigation to the Complainants.”

 “a. Punish and Issue warrants of arrest u/sec 72 of the Consumer Protection Act, 2019 against the accused persons Mr. Gopal Ansal, Mr. Sanjeev Kumar Guleria, Ritu Ansal, Subhash Verma and Suman Dahiya who are Directors/promoters of the respondent/judgment debtor companies for violating order dated 28.12.2021 passed by this Hon’ble Commission.

b. Sentence the above mentioned accused persons, Mr. Gopal Ansal, Mr. Sanjeev Kumar Guleria, Ritu Ansal, Subhash Verma and Suman Dahiya to imprisonment for a terms of 3 years each for violating the order dated 28.12.2021 passed by this Hon’ble Commission.

c. Issue recovery certificate and warrants of attachment and conduct auction sale to recover the compensation amount as mentioned in Annexure-B, by way of attachment of residential property bearing address House no. 6, Ansal House, Aurangzeb Road New Delhi and the property bearing address 118, UFF, Prakash Deep Building, 7, Tolstoy Marg, Connaught Place, New Delhi-110001.

d. Attach the salary account of the accused persons.

e. Direct the accused person to disclose by way of affidavit details of all moveable and immovable properties owned by them and recover the decretal amount from the said assets.

f. Pass any further order or orders which this Hon’ble Commission may deem fit and proper in the interest of justice.

g. Award cost of this petition in favour of the decree holders”.

7.       In view of what has been stated hereinabove, it is clear that the Opposite Parties/Judgment Debtors have not complied with the directions given by this Commission in the Final Order and Judgment dated 28.12.2021.  They have no plausible reason for the same and are trying to buy time to comply with the Final Order and Judgment passed in the Complaint.  They are under an obligation to comply with the directions given in the said Order.  Over and above the period of six weeks given to the Opposite Parties/Judgment Debtors to comply with the said Order, more than nine months have already passed but they have not complied with the same, which amounts to disobedience of the Order and they need no indulgence in the present proceedings.  However, in view of the prayer made by the Opposite Parties/Judgment Debtors, seeking time to generate funds after selling the unsold inventory of the Project and to comply with the Order, one month’s time from today, i.e. by 05.01.2023, is granted to them to do the needful and to comply with the directions given in the Final Order and Judgment dated 28.12.2021.  If still there is non-compliance of the said Order by the Opposite Parties/Judgment Debtors as on 05.01.2023, the Complainants/Decree Holders shall be at liberty to file an appropriate application for taking action against the Opposite Parties/Judgment Debtors under Sections 71 and 72 of the Consumer Protection Act, 2019.

8.       The Execution Application stands disposed of in the above terms.  Pending Application, if any, also stands disposed of.  

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