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CHANDIGARH CONSUMER COMMISSION ISSUED ARREST WARRANT OF DDA TOP OFFICIALS

October 16, 2021 09:43 AM

THE COMMISSION ALSO ISSUED DIRECTION TO THE DISTRICT MAGISTRATE, NEW DELHI, TO ATTACH THE OFFICIAL CARS OF THE DIRECTOR AND THE DEPUTY DIRECTOR OF THE DELHI DEVELOPMENT AUTHORITY (DDA) AND THE FURNITURE/ARTICLES LYING IN THEIR OFFICES.

  Chandigarh (Sanjay Kumar Mishra))

State Consumer Commission, UT of Chandigarh, has issued Arrest warrant against the Director and the Deputy Director of the Delhi Development Authority (DDA) and directed to Delhi Police Commissioner to secure presence of Harish Kumar, Director, and Brij Mohan Gupta, Deputy Director, through bailable warrants of arrest in the sum of Rs.50,000 each with one surety each in the like amount for the next date of hearing i e. 12-11-2021. 

The Commission also issued direction to the District Magistrate, New Delhi, to attach the official cars of the Director and the Deputy Director of the Delhi Development Authority (DDA) and the furniture/articles lying in their offices.

The commission further ordered to advocate appeared on behalf of DDA to supply Bank details within a week so that it can be also attached for auction to recover the decreetal amount of Rs 1,08,47,305.47 as arrears of land revenue.

In his complaint Mr. Bhupinder Nagpal, had informed the Commission that DDA failed to provide him the flat with all facilities as promised. Nagpal said he applied for the allotment of the flat in the DDA Housing Scheme 2014 and was allotted an MIG flat in Narela. He deposited Rs.59,94,941 on July 1, 2015, but after getting the flat he was shocked to know that the flat was offered in an inhabitable condition.The commission vide order dated 20-5-21 had given two-month time to DDA to refund the amount to Complainant, but it failed to comply with the order.

The Chandigarh Consumer Commission has issued the order on the Execution petition No. 77 of 2021 filed by a Sector 35 Chandigarh residents Mr. Bhupinder Nagpal, Under Section 27 of the Consumer Protection Act, 1986, for the enforcement of the order passed by the commission on 20 May 2021 in Consumer Complaint No.386 of 2018.

In this complaint, Holding the DDA guilty of deficiency of service, the commission directed the authority to refund Rs 60,94,941 to Complainant Mr. Nagpal along with 12 per cent interest. It also directed the DDA to pay a compensation of Rs1.50 lakh for causing mental agony and harassment and Rs.33,000 for the cost of litigation.

In his complaint Mr. Bhupinder Nagpal, had informed the Commission that DDA failed to provide him the flat with all facilities as promised. Nagpal said he applied for the allotment of the flat in the DDA Housing Scheme 2014 and was allotted an MIG flat in Narela. He deposited Rs.59,94,941 on July 1, 2015, but after getting the flat he was shocked to know that the flat was offered in an inhabitable condition.

The commission vide order dated 20-5-21 had given two-month time to DDA to refund the amount to Complainant, but it failed to comply with the order.

Hearing Execution Petition filed by Nagpal, Commission stated that, the decree holder is suffering for the past three years but the judgment debtors have failed to comply with the order and pay the decreetal amount to the decree holders. Though appeal is pending before the National Consumer Disputes Redressal Commission, New Delhi, the counsel for the judgment debtors conceded that no stay order has been passed.

“After going through the record and in view of law laid down by the National Consumer Disputes Redressal Commission, New Delhi, in the cases of Rajnish Kumar Rohatgi, a prima facie case is made out to summon the judgment debtors to face trial for the offence punishable under the provisions of Section 251 of the Code of Criminal Procedure, 1973, can be stated to them and they can be prosecuted under the provisions of Section 27 of Consumer Protection Act, 1986.” 

 
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