Swarna Shukla-
Published On: September 25, 2021 at 12:40 IST
Justice Amit Bansal of Delhi High Court directed Supertech to deposit Rs. 50 Lakh, out of the outstanding Rs.1.79 Crore, in the Homebuyer’s account within a week to show its Bona Fide to the Court.
The Court has also stayed an Order of the National Consumer Disputes Redressal Commission (NCDRC) until October 4 that had sentenced Supertech’s Managing Director Mohit Arora to a three-year imprisonment.
The Court has directed Supertech and the Buyer to place on record the statement of amount due as per the NCDRC Order.
NCDRC also issued an arrest warrant against Arora for non-compliance of an Order in a case filed by a Homebuyer who bought a villa in the builder’s Greater Noida project.
Senior Advocate Sandeep Sethi, representing Supertech, argued that the NCDRC Order was beyond the provisions of Section 27 of the Consumer Protection Act,1986. There was no provision which casts Vicarious Liability on the Managing Director to make him liable in criminal or civil matter in case of default by the company.
The Plea was therefore, opposed by Home buyer Kanwal Batra’s Counsel who claimed that the company was in repeated default of the NCDRC Order and has gone back in its undertaking to the forum.
The NCDRC sentenced Arora to three years in Jail for not refunding the Home buyer Brigadier (retired) Kunwal Batra and his daughter Ruhi Batra after it had failed to hand over the Villa Property they had bought in the Supertech Upcountry Project.
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