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In a massive relief to Super tech MD, Delhi High Court allows it to challenge Consumer Court Order of Arrest Warrant issued by NCDRC

By Nargis Bano      Sep 28, 2021      0 Comments      4,984 Views
Delhi High Court allows it to challenge Consumer Court

The Delhi High Court has granted Super tech the right to challenge a consumer court order that issued an arrest warrant for its Managing Director Mohit Arora in connection with a homebuyer's case.

The arrest warrant was issued on September 20, 2021, by the National Consumer Disputes Redressal Commission (NCDRC), which had earlier on September 13,2021, rejected Supertech's request for a twelve-month payment plan for the decretal amount owed to the homebuyer.

Justice Amit Bansal granted the company permission to withdraw its pending petition challenging the NCDRC's September 13,2021, order.

Counsel for the company informed the court that the NCDRC issued an arrest warrant against the Managing Director on September 20,2021, and thus requested that the pending plea be allowed to be withdrawn in order to challenge the order on the issuance of the arrest warrant in a new petition.

"In light of the subsequent developments, the petitioner's counsel wishes to withdraw the current petition in order to file a new petition challenging the NCDRC's order (on the issuance of arrest warrant). Rejected as withdrawn, "the judge's order dated September 20, 2021 stated.

The case before the NCDRC involved a complaint filed by a homebuyer, represented by lawyer Vrinda Kapoor Dev, who was dissatisfied with the delay in delivering possession of a villa in one of the company's projects in the Yamuna Expressway Industrial Development Area, which was allotted for a consideration of more than 1.02 crores.

The NCDRC ordered the company in April 2019 to either provide possession of the villa within six months, along with compensation and costs, or refund the entire amount received, along with compensation.

The Managing Director assured the NCDRC on July 20, 2021, that the order would be followed within 60 days.

However, the NCDRC stated on September 20 that, despite the commitment, the order had yet to be implemented and that the company was "evading the implementation of the decree."

As a result, it issued an arrest warrant for the Managing Director for three years in prison, subject to the order being carried out within a week.

"Due to non-compliance with the direction and breach of his own commitment, we sentence the Managing Director of the Judgement Debtor Company to three years imprisonment under Section 27 of the Consumer Protection Act, 1986 and issue Warrants of Arrest against the Managing Director of the Judgment Debtor Company. If the Judgment Debtor does not deposit the decretal amount with this Commission within one week, the warrants will not be executed, "it was thus stated.

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