Attachment of Omaxe front office ordered

Chandigarh, September 14

The State Consumer Disputes Redressal Commission has ordered the attachment of front office of Omaxe Developers, Mullanpur, over non-payment of settlement amount.

The commission directed the Mohali Deputy Commissioner to attach the front office of Omaxe Chandigarh Extension Developers Private Limited, New Chandigarh, Mullanpur, Mohali, as the developer failed to execute the order, wherein it was directed to pay Rs 9.72 lakh to the complainant and appoint a receiver.

On May 24, 2019, the matter was amicably settled between complainant Chhatarpal Sharma and Omaxe Developer.

As per the agreement, the opposite party agreed to pay an amount of Rs 8.56 lakh to the complainant towards full and final settlement of all claims raised by the complainant. The commission granted a sum of Rs 44,000 as compensation towards mental agony and physical harassment and also litigation expenses. Accordingly, Rs 9 lakh was to be paid to the complainant by the opposite party within two months (on or before July 31, 2019).

“We make it very clear that if the amount is not so paid, after the due date, it will start getting interest @8% per annum till the time of making the payment,” ordered the commission.

As the opposite party failed to pay the amount, the complainant filed execution application under Section 27 of the Consumer Protection Act for execution of the order dated May 24, 2019 passed by this commission.

As per the complainant, Rs 9.72 lakh has become payable by the judgement debtor to the decree holder. The commission directed to issue a notice to the opposition party for October 10, 2019.

“In case, the judgment debtor pays the amount of Rs 9.72 lakh to the decree holder by way of demand draft on or before the next date of hearing, attachment of the front office of the judgement debtor shall automatically stands withdrawn,” the order reads.

The commission also directed it to place on record documents and information regarding current list of managing directors of the company, details of bank accounts of the company, list of properties (moveable and immoveable) of the company and its managing director which can be attached in execution of the competent authority.

The complainant had booked a flat in a project of the developer. As the complainant failed to get possession of the flat with the stipulated period, he demanded his money back. — TNS