SUMESH CHAWLA Vs. SANDEEP BAWEJA

JUDGEMENT

(1.) Heard Mr. Roopansh Purohit, Advocate for the appellant and Mr. Ravinder Pal Singh, Advocate for respondent-1 and Mr. Hitain Bajaj, Advocate for respondents-2 & 3, in both the appeals.

(2.) Appeal Execution No. 41 of 2020 has been filed against the order of State Consumer Disputes Redressal Commission dtd. 2/6/2020 whereby State Commission has rejected the application of the appellant for recalling the order dtd. 12/6/2018, holding the appellant as guilty for violating the order and awarding sentence. Appeal Execution No.7 of 2022 has been filed against the order dtd. 10/12/2021, whereby, the appellant and respondent-3 have been directed to deposit Rs.4609823.00 with future interest, in the Execution Application No.476 of 2017. Both these appeals are arising out of the orders passed in CC No.625 of 2016 dtd. 8/5/2017 whereby the appellant and respondent-2 were jointly and severally directed to refund the entire money deposited by respondent-1 with them along with interest as such these were consolidated and heard together. The order dtd. 8/5/2017 has been challenged in FA No.328 of 2020, which has been dismissed as time barred by order dtd. 21/10/2020. The appellant challenged the order dtd. 21/10/2020 in SLP (Civil) No.14188 of 2020, which was disposed of by order dtd. 16/2/2021. However, interim order was extended till 30/4/2021 giving liberty to the appellant to satisfy the decree in the meantime.

(3.) Ms. Sandeep Baweja (respondent-1) booked a flat in the project launched by M/s. Chandigarh Overseas Pvt. Ltd. (respondent-2), in which, Sumesh Chawla (the appellant) was Managing Director. Ms. Sandeep Baweja and M/s. Chandigarh Overseas Pvt. Ltd. entered into agreement dtd. 28/8/2009, which was signed by Sumesh Chawla in the capacity of Managing Director, whereby they agreed to sell a flat admeasuring 2075 sq.ft., for a sale consideration of Rs.2500000.00. Rs.500000.00 were paid on 28/8/2009 and balance sale consideration of Rs.200000.00 were paid on 29/8/2009 to Sumesh Chawla, appellant. In spite of full and final payment, M/s. Chandigarh Overseas Pvt. Ltd. and Sumesh Chawla were not able to hand over the possession to Ms. Sandeep Baweja over the flat allotted to her, within stipulated period. Therefore, she filed CC/625/2016 before State Consumer Disputes Redressal Commission, UT Chandigarh impleading M/s. Chandigarh Overseas Pvt. Ltd. and Sumesh Chawla as the opposite parties. The complaint was contested by the opposite parties by filing their joint written reply. However, State Commission by order dtd. 8/5/2017 held that agreement was executed between the parties on 28/8/2009 and full sale consideration was paid up to 29/8/2009. Under the agreement, the possession has to be handed over till 31/12/2010, but the opposite parties could not proceed with the construction nor could offer possession till the filing of the complaint. Therefore, the opposite parties were jointly and severally directed to refund entire amount of Rs.2500000.00 along with interest @15% p.a., Rs.1.25 lacs as compensation for mental agony and harassment and Rs.33000.00 as cost of litigation, within 45 days from the judgment, otherwise the interest would increase @18% p.a. As stated above, the order of the State commission dtd. 8/5/2017 has attained finality up to Supreme Court.