26.09.2022

ORDER ON ADMISSION

BY MRS. SUNITA .C. BAGEWADI , MEMBER

Advocate for JDR Nos.1 to 3 files this appeal against the Order passed by the District Commission by issuing the NBW to the JDRs in Execution Application and submits that the DHRs have filed a complaint against these JDRs in original complaint which was allowed with a direction to these JDRs to complete the construction of flat and handover the possession within 18 months with a grace period of two months.  Subsequently due to non-completion of the said construction, the DHRs have filed an Execution Application for compliance of the order.  Infact the JDRs has completed the construction work and issued a notice to the respondent/s to come forward for registration subject to the condition that the balance amount payable at the time of registration.  Instead of coming for registration, they have filed an Execution Application before the District Commission.  Further, the learned counsel JDRs submits that infact they are still ready to register the Sale Deed in favour of DHRs.  The flat is almost ready up to 95% and rest of the work will be done within 3 to 4 months.  Inspite of that the District Commission issued NBW to the JDRs for compliance of the order.  If the JDRs were sent behind bars, the work could not be completed, hence, prays to recall the order passed by the District Commission and provide 3 – 4 months time to complete the work and register the Sale Deed in the interest of justice and equity.

2.      Heard counsel for JDRs.

3.      On perusal of the order sheet, memorandum of appeal and also the relevant documents produced at the time filing the application, we noticed here that the completion of the entire apartment almost at the finishing stage.  We consider 95% of the work was done.  The rest of 5% has to be completed by the JDRs.  The learned counsel for JDRs submits that the JDRs is procuring certain capital to complete the work, hence, the delay is not intentional and submits to recall the order.  Ofcourse we agree the arguments submitted by the learned counsel for JDRs.  If the JDRs sent to behind bars, the purpose may not be served.  Infact the DHRs require registration and possession of the apartments as early as possible.  We noticed here that some customers have registered the Sale Deed in their favour by JDRs.  Here JDRs requires to deliver possession and to execute of Sale Deed.  Considering the documents produced by the JDRs and submission made by the learned counsel for JDRs, the arrest warrant issued by the District Commission is hereby recalled and direction is given to JDRs to complete the project and to register the Sale Deed within four months from the date of this Order.  Failing which, the District Commission is directed to proceed with the execution as per the provisions of Consumer Protection Act, 2019.  Accordingly, the appeal is disposed-of at the stage of admission.

              Sd/-                                                        Sd/-

(Sunita .C. Bagewadi)                                   (Ravishankar)       

         Member                                                   Judicial Member