Client not repaid for cancelling plot, Omaxe front office in Mohali to be attached
The front office of Omaxe Chandigarh Extension Developers of New Chandigarh, Mohali, will be attached as the builder failed to pay ₹9.72 lakh to customer Chhatarpal Sharma for cancelling the booking of a plot, the State Consumer Disputes Redressal Commission has ordered .
Sharma, who had paid ₹16.56 lakh to Omaxe for booking the plot received just ₹8lakh when he cancelled it. A settlement of ₹9 lakh was reached between the builder and buyer after Sharma filed a complaint. He had to be paid on or before July 31, 2019, failing which an interest of 8% was to charged, the commission ordered on May 24, 2019.
After Sharma did not get the money he filed an application under section 27 of the Consumer Protection Act, 1986, for the execution of the order.
"Nothing has been paid by the judgment debtor till date. It seems that the debtor is deliberately delaying the matter with the intention to defeat the ends of justice," the order mentioned.
The commission directed that a notice be issued to the opposition party for October 10, 2019.
“As a coercive step, we order attachment of the front office of the judgment debtor, namely Omaxe Chandigarh Extension Developers Pvt Ltd, New Chandigarh, Mullanpur, Mohali,” the commission’s order read.
Directions were also issued to the Mohali deputy commissioner to attach the front office.
If the payment of ₹9.72 lakh was made to the complainant on or before the next date of hearing, the order to attach the property automatically stood withdrawn, the order read.
The commission also directed Omaxe to place on record documents and information regarding the current list of managing directors of the company, details of bank accounts, list of properties moveable and immoveable of the company and its managing director, which could be attached while executing the order.
₹48.62 lakh refund ordered
In another case, the commission directed Omaxe Chandigarh to refund ₹48.62 lakh with interest of 12% per annum and compensation of ₹2lakh to a Panchkula-based doctor for causing mental agony and physical harassment, and also deficiency in providing service and adoption of unfair trade practice. A sum of ₹35,000 was to be paid as litigation cost.