Tribunals and Commissions(1996) 12 NCDRC CK 0039

SAMBHAVANA BUILDERS AGGRIEVED MEMBER'S ASSOCIATION vs SAMBHAVANA BUILDERS (P) LTD.

National Consumer Disputes Redressal Commission · Decided on 9 December 1996 · Citation: 1996 3 CPJ 167 : 1997 1 CPR 14

HON’BLE JUDGES
V.Balakrishna Eradi , S.S.Chadha , R.Thamarajakshi , C.L.Chaudhry J.
RESULT
Ordered accordingly

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Judgment

2 paragraphs · 472 words
1.

DESPITE a last opportunity having been given by this Commission to the opposite parties herein namely, M/s. Sambhavana Builders Pvt. Ltd. represented by its three Directors to comply at least in part with the order dated 25.9.95 passed by this Commission by payment of Rs. 5,00,000/- to the Counsel for the complainants in part payment of the sum ordered to be paid by them under the said order and in addition by producing before the Registry of this Commission all the title deeds relating to a landed property which the opposite parties represented before this Commission as being owned and possessed by them along with an affidavit placing the said property at the disposal of this Commission for being sold so that the proceeds realised from the sale may be applied for payment of the amount due to the complainants under the aforementioned order of this Commission, the opposite parties have not complied with the said direction for production of title deeds and for the filing of the affidavit and they have only paid a sum of Rs. 5,00,000/- to the Counsel for the complainants in part payment of the liability due under our order. In the circumstances, we see no reason at all justifying the recalling of the order passed by us on 29.11.96 directing issue of warrants of arrest against the three Directors of the M/s. Sambhavana Builders Pvt. Ltd. and ordering their detention in Tihar Jail, for a period of three months by way of punishment for noncompliance of the order dated 29.9.95. Hence, there will be a direction to the Commissioner of Police, Delhi Police and the Deputy Commissioner of Police having jurisdiction over Vasant Vihar area to take immediate action to execute the warrants of arrest against Ms. Bhawani Iyer, R/O BH-11, Munirka DDA Flats, New Delhi, Mrs. Vijaya Krishnamoorthy, R/O 161, Basant Enclave, New Delhi and Mrs. Lathika Srinivasan, R/O 161, Basant Enclave, New Delhi, Directors of the M/s. Sambhavana Builders Pvt. Ltd. and lodge them in Tihar Jail for being detained there for a period of three months from the date on which they are put in prison. The Superintendent of Tihar Jail is directed to keep them in Tihar Jail for the period of three months from the date of their admission to the jail in compliance with the order passed by this Commission. The Registry of this Commission will ensure that the warrants of arrest of the three persons mentioned above are issued forthwith. A compliance report shall be submitted by the Commissioner of Police, Delhi Police to this Commission within a period not exceeding 10 days from today.

2.

THE amount of Rs. 5,00,000/- paid by the opposite parties into the hands of Counsel for the complainant shall be distributed by the Counsel rateably to all the complainants. Ordered accordingly. ______________