District Consumer Disputes Redressal Forum-I, U.T., Chandigarh

Execution Application No. 15  OF  2018

in CC/592/2016

BEFORE:

          RATTAN SINGH THAKUR, PRESIDENT

          SURJEET KAUR, MEMBER

          SURESH KUMAR SARDANA, MEMBER

PRESENT:

None.

Dated : 31^st January 2020

ORDER

1.        Report received from MHC, PO and Summons Staff, UT Chandigarh, vide which it has been mentioned that the entry of PO namely Gurpreet Singh Sidhu, M.D. of Emerging Valley (P) Ltd., SCO No.46-47, FF, Sec 9-D, Madhya Marg, Chandigarh, has been made in PO Register vide No.808-5CC/PO & SS, dated 12.12.2019.

2.        This is a criminal complaint for offence under Section 27 of the Consumer Protection Act, 1986, which offence is punishable with imprisonment which may extend to 3 years and fine as prescribed, with the prayer, accused (Gurpreet Singh Sidhu, Director of Emerging Valley Pvt. Ltd.) had not complied with the order dated 10.11.2017 passed by this Forum in consumer complaint No.592 of 2016.

3.        This criminal complaint is being tried as summons case as per judgment of the Hon’ble Supreme Court in Civil Appeal Nos.224-225 of 2015 decided on 10.02.2015 titled as “Kamlesh Aggarwal vs. Narain Singh Dabbas & anr.” and other judgement of Hon’ble National Consumer Disputes Redressal Commission in Execution Application No.123 of 2016 decided on 06.04.2017 titled as “Amit Garg & anr. Vs. M/s Unitech Limited & anr”. Bailable warrant and then warrant of arrest was issued against the accused, but he evaded the lawful process of this Forum. Therefore, accused was ordered to be served by way of publication of proclamation under Section 82 Cr.P.C. 1973. Statement of serving constable was recorded on 26.08.2019 that proclamation was duly published qua accused. Despite service by way of publication of proclamation, accused had not surrendered before this Forum, therefore, vide order dated 29.11.2019, he was declared Proclaimed Offender and copy of the order was sent to the Incharge, PO & Summons Staff, Dhanas, Chandigarh, to get his name entered in the proclaimed offender register. Now entry has been effected in the PO register.

4.        From the above record, we are satisfied that accused has absconded and there is no immediate prospects of he being arrested in near future. Complainant has not appeared to get his evidence recorded in the absence of the accused person u/s 299 Cr.P.C. 1973. Hence, let this criminal complaint be consigned to the record room with the remarks that it be kept in 50 years bundle and proceedings to be revived as & when accused person is arrested and produced before this Forum, in the capacity of Judicial Magistrate Ist Class, by the police and then trial is to be conducted as of summons case. The complainant is also left at liberty to revive the proceedings in the complaint as and when accused person is made available for trial.

5.        Certified copies of this order be sent to the parties free of cost.