The Supreme Court has issued showcause notice to two members of the National Consumer Disputes Redressal Commission (NCDRC) for issuing non-bailable warrants against the Directors of a realty company, despite an interim order passed by the Apex Court directing them not to take any coercive action in the matter.
The Bench of Justice Hima Kohli and Justice Ahsanuddin Amanullah on Monday directed NCDRC members Subhash Chandra (presiding member) and Dr. Sadhna Shanker to explain within a week why they issued non-bailable warrants on April 2, 2024, despite the March 1 order delivered by the top court of the country.
The case pertained to an order passed by the NCDRC members on April 2 against a housing project developer Ireo Grace.
Various homebuyers had filed complaint to the NCDRC against project developer Ireo Grace, alleging that the developer failed to hand over/delayed the possession of flats in ‘The Corridor’ housing project in Gurugram.
The national consumer forum awarded compensation to the homebuyers. This order was challenged by the project developer before the Supreme Court.
On March 1, the Apex Court gave interim protection to Ireo Grace while issuing notice on the civil appeals filed by the developer.
The interim order further restrained the NCDRC from taking any coercive steps against Ireo Grace.
However, in one of the several execution proceedings initiated by homebuyers, a two-member Bench of the NCDRC passed an order on April 2, 2024, issuing non-bailable warrants against the directors of Ireo Grace after the company failed to file certain compliance affidavits.
The Counsel appearing for the developer apprised the Supreme Court that this order was passed in the teeth of the top court’s March 1 order which had granted Ireo Grace interim protection.
The Apex Court stayed the April 2 order until further orders and listed the matter for further hearing on April 24.
Ireo Grace was represented by Senior Advocate Ranjit Kumar, along with Advocates Anshuman Srivastava, Biswabara Dash, Abhimanyu Bhandari, Rooh-e-hina Dua, Dhanakshi Gandhi and Ruchi.
Advocates Deepak Kumar Khushlani, Santosh Kumar Pandey, Chritarth Palli, Abhay Kumar, and Shagun Ruhil appeared for the legal heirs of a now-deceased homebuyer