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

Execution Application No.28  OF  2019

in CC/483/2016

BEFORE:

          RATTAN SINGH THAKUR, PRESIDENT

          SURJEET KAUR, MEMBER

          SURESH KUMAR SARDANA, MEMBER

PRESENT:

Sh.Devinder Kumar, Vice Counsel for Sh.Deepak Aggarwal, Counsel for Complainants.

Dated : 20^th January 2020

ORDER

1.        Report received from MHC, PO and Summons Staff, UT Chandigarh, vide which it has been mentioned that entry of PO namely Gurpreet Singh Sidhu, M.D. of Emerging India Real Assets (P) Ltd., SCO No.46-47, Sector 9-D, Madhya Marg, Chandigarh and M/s Siswan Paradise Pvt. Ltd. and PO namely Lalit Kumar, M.D. of Emerging India Housing Corporation (P) Ltd., SCO No.46-47, Sector 9-D, Madhya Marg, Chandigarh, has been made in PO Register vide No.773/5E/P.O. & SS, dated 29.11.2019.

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 had not complied with the order dated 04.06.2018 passed by this Forum in CC/483/2016.

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 persons, but they evaded the lawful process of this Forum and we were satisfied that they cannot be served in ordinary manner. Therefore, accused(s) were ordered to be served by way of publication of proclamation under Section 82 Cr.P.C. 1973. Statement of serving constable was recorded on 14.11.2019 that proclamation was duly published qua accused. Despite service by way of publication of proclamation, accused persons had not surrendered before this Forum, therefore, vide order dated 14.11.2019, they were declared Proclaimed Offenders and copy of the order was sent to the Incharge, PO & Summons Staff, Dhanas, Chandigarh, to get their names 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 persons have absconded and there is no immediate prospects of their being arrested in near future. Therefore, let the evidence of the complainants be recorded in the absence of accused u/s 299 Cr.P.C. 1973. Vice counsel for complainants stated that affidavits already furnished in support of criminal complaint under Section 27 of the Consumer Protection Act, 1986, be read as evidence in the absence of accused. He further stated that complainants reserve their right to lead further evidence after the attendance of the accused is procured and put to trial. This being situation, 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 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 complainants are also left at liberty to revive the proceedings in the complaint as and when accused persons are made available for trial.

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