Non-bailable warrants issued against Gurugram-based real estate company

Chandigarh, April 3

The District Consumer Redressal Disputes Commission, Chandigarh, has issued a non-bailable warrant against directors of Gurugram-based real estate company M/s Vatika Limited for not complying the order passed by the district commission.

The commission has passed the order on an execution application filed by Simranjit Singh Oberoi, a resident of Sector 27, Chandigarh, through advocate Narender Yadav under Section 72 of the Consumer Commission Act, 2019.

In the execution application, Oberoi said the National Lok Adalat District Commission in its order dated November 12, 2022, mentioned that the builder agreed to pay Rs 74,21,000 to him which include interest @6.5 per annum. The amount shall be paid in eight instalments. Every instalment shall be paid on or before 11th of every month. The first instalment shall be paid on or before December 11, 2022 whereas the last is payable on or before July 11, 2023. He said as per the order the first instalment shall be of Rs 9,46,000 and the rest seven instalments shall be of Rs 9,25,000 each towards full and final settlement reached between the parties.

The order says in case of default in the payment of any instalment, the OP’s (builder ) shall be liable to pay penal interest @ 12% pa on the default amount and there shall be no claim pending against the OPs after receiving the full and final payment. He said the builder has not complied with the order within the specified period. He said the order was duly served on the respondents through e-mail but the respondent has failed to comply with the order.

The commission in its order dated March 13, 2023, said, “ Neither the due payment has been made by the JDs (judgment debtors) nor the JDs have appeared in person. Let JDs be summoned through non-bailable warrant and the same be executed through special messenger returnable for April 12, 2023.”

Oberoi had booked a flat in 2013 in “Tranquil Heights” in Gurgaon, Haryana. As per clause 13 of the agreement dated February 24, 2016, the opposite party promised to deliver the possession within 48 months from the date of execution of the agreement. When the builder failed to hand over the flat in stipulated time Oberoi filed a complaint in the commission.