Chandigarh: Non-bailable warrant issued against 2 directors of realty firm for not handing plot's possession
Chandigarh consumer forum, in its order dated March 6, 2025, directed Sushma Buildtech Limited to deliver possession of the flat within 45 days, but it failed to do so
The State Consumer Disputes Redressal Commission, Chandigarh, has issued a non-bailable warrant against directors of a Chandigarh-based real estate company for not complying with the order passed by the state commission.
The commission has passed the order on an execution application filed by Bhawna Nagar, a Chandigarh resident, through Advocate Narender Yadav, under Section 72 of the Consumer Protection Act, 2019.
In the execution application, Bhawna Nagar said the commission, in its order dated March 6, 2025, directed Sushma Buildtech Limited (SBL) to deliver possession of the flat within 45 days with an occupation certificate and also directed SBL to pay 9 percent interest on the amount deposited with the builder till handing over the possession.
The court, in its order, also added that failing this, it shall attract interest at the rate of 12 percent and further awarded compensation of Rs 75,000 for mental agony and harassment, and litigation charges for the delay in delivery of the flat.
She said the builder has not complied with the order within the specified period. She said orders were duly served on the respondents through e-mail, but the respondent has failed to comply with the order.
On notice, the builder appeared and made part payment of Rs 13 lakh in two-three installments, but failed to deliver the possession and the rest of the payment, which is Rs 10 lakh.
The commission, in its order dated March 9, 2026, said the counsel for the judgment debtors still requests a date to make payment as per the calculation sheet submitted by the decree holder.
He has been directed to bring at least a demand draft of Rs 5 lakh for payment to the decree holder. Bailable warrants of arrest could not be executed as the judgment debtors were stated to have gone out of station. Let non-bailable warrants of arrest of the judgment debtors be issued returnable for April 7, 2026.
Bhawna Nagar had booked a flat in Sushma Grande NXT at Gazipur village in Zirakpur.
In 2021, and as per clause 7.1 of the agreement to sell dated July 9, 2021, the flat was supposed to be handed over on September 9, 2022, which was not delivered to date with an occupation certificate, and thus Bhawna Nagar filed a complaint in the commission.
