The Supreme Court today closed contempt of court cases against two National Consumer Disputes Redressal Commission (NCDRC) members who had issued non-bailable warrants against a realty company’s directors despite the apex court’s stay order.
A bench comprising Justice Hima Kohli and Justice Ahsanuddin Amanullah closed the case after Attorney General (AG) R Venkataramani read out the members’ fresh affidavit. The apex court asked the NCDRC members to be more careful in future and comply with all binding orders.
It also noted that it was not satisfied that the action of the members was a mere genuine mistake. It further asked the NCDRC to change the coram for the concerned case before it. Justice Kohli mentioned that these are not issues to agitate over from either side.
In the last hearing, the Supreme Court had come down heavily on two members of the NCDRC for flouting a March 1 order to refrain from taking any coercive action against a real estate firm. The court had issued a contempt of court notice to the NCDRC members, who had issued Non-Bailable Warrants (NBWs) to the company’s directors despite the top court’s stay order.
Subhash Chandra and Dr. Sadhna Shanker, the NCDRC members were personally present before the Supreme Court today. Though the members submitted affidavits, explaining that their lapse was unintentional and inadvertent, the court was not convinced by the same. Senior Advocate Ranjit Kumar with advocate Roohe Hina Dua represented the realty company, Ireo Grace, against whose directors the NCDRC’s contentious order was passed.
The matter before the court has its origin in consumer complaints filed by homebuyers who were aggrieved by the failure and delay in handing over possession of flats in Gurugram’s ‘The Corridor’ housing project. After the buyers secured orders of compensation from the NCDRC, multiple execution proceedings were started by them before the national consumer forum against the project developer, Ireo Grace.
The project developer then moved the Supreme Court with civil appeals against such an award of compensation. The Supreme Court on March 1, gave interim protection to Ireo Grace while issuing notice on the civil appeals. The apex court restrained the NCDRC from taking any coercive steps against Ireo Grace.
Nonetheless, in one of the several execution proceedings initiated by homebuyers, a two-member bench of the NCDRC passed an order on April 2, issuing non-bailable warrants against the directors of Ireo Grace after the company failed to file certain compliance affidavits.