Ranbir Singh vs SAINI COLD STORAGE And ICE FACTORY

ORIGINAL complaint No. 51 of 1994 was filed by Ranbir Singh against M/s. Saini Cold Storage and Ice Factory, Jalandhar through its partner Hukam Singh son of Ishar Singh. The same was finally disposed of by the State Commission vide order dated November 9,1995 with a direction to the opposite party to pay a sum of Rs. 4,43,200/with 18% p.a. interest thereon from July 31, 1994 till payment. Costs of Rs. 5000/- were also awarded against the opposite party. The order was to be complied within three months. The opposite party having failed to comply with the aforesaid order, the present application was filed by the complainant, Ranbir Singh under Section 27 of the Consumer Protection Act for a direction to the opposite party to make payment as ordered by the Commission and to punish the opposite parties under Section 27 of the Consumer Protection Act for non-compliance of order dated November 9, 1995. The opposite parties impleaded in the application are M/s. Saini Cold Storage and Ice Factory, Jalandhar through its partner Baldev Singh, son of Hukam Singh as opposite party No. 1 and the aforesaid Baldev Singh in his personal capacity as opposite party No. 2.

NOTICE of the application was given to the respondents. Mr. M.S. Goklani, Advocate put in appearance on behalf of the respondents on August 7, 1996. For reply and arguments, the case was adjourned to September 10, 1996. On that date, it was noticed that stay orders passed by the National Commission has been received, which was conditional. Thus, the case was adjourned to September 17, 1996 in the presence of Counsels for both the parties. At this stage, it may be stated that interim order of the National Commission dated August 13,1996 passed in First Appeal No. 43 of 1996 was to the following effect: "There will be an interim stay of enforcement of the order of the State Commission in respect of the balance amount payable by the appellant under the said order on condition that the appellant pays to the complainant (respondent herein) within four weeks from today a sum of Rs. 3 lakhs towards the decretal amount due by him under the impugned order passed by the State Commission. In default of compliance with the condition specified above the stay will stand automatically cancelled."

On September 17, 1996, the case was adjourned to October 3,1996 in the presence of the Counsel for both the parties as the quorum was incomplete. On October 3, 1996, both the Counsels for the parties put in appearance. It was represented on behalf of the respondents that SLP had been filed before the Supreme Court against the order of the National Commission. This information was based on the letter of the Advocate, Smt. Laxmi Arvind. Making reference to the order of the National Commission, the State Commission adjourned the case to December 3, 1996 with a direction to Baldev Singh, respondent to appear in person to receive further orders to be passed in the case. Nobody appeared on the date fixed that warrants in the sum of Rs. 5000/were ordered to be issued and sent through the S.S.P. to Police Station concerned for compliance. Warrants were issued against Baldev Singh, aforesaid to secure his presence. The case was adjourned to January 2, 1997. On that day, the Counsel for the respondent put in appearance. For arguments, the case was adjourned to January 28,1997 with the direction to the respondent to appear in person. On that day. Counsel for the respondents showed interim order passed in SLP No. 2436 of 1996 dated January 6, 1997, allowing six weeks'' time to the appellant, Saini Cold Storage and Ice Factory, Jalandhar to deposit a sum of Rs. 3 lakhs towards decretal amount, which could be withdrawn by Ranbir Singh on furnishing Bank guarantee in favour of the Registrar of the National Commission. Since six weeks as allowed were to expire on February 16,1997, the case was adjourned to March 18,1997. On that day. Counsel for the complainant appeared but nobody appeared on behalf of the respondents. The case was adjourned to April 3,1997 to know if order of the Supreme Court had been complied with. On the same ground, the case was again adjourned to May 6,1997. On that day, Counsel for the complainant informed that S.L.P. had been dismissed by the Supreme Court and that necessary orders on the application pending be passed. Nobody appeared on behalf of the respondents. Arguments were heard.

Since notice of the application filed under Section 27 of the Consumer Protection Act was given to the respondents and they had put in appearance without filing any reply thereto. The only explanation for non-compliance of the order of the State Commission was passing of interim order by the National Commission and subsequently by the Supreme Court. Accepting the stand of the complainant that SLP stands dismissed by the Supreme Court, which stand has not been controverted on behalf of me respondents, who chose to remain away from the proceedings, there is no other cogent reason shown for non-compliance of the orders passed by the State Commission and the interim order passed by the National Commission. Since conditional order passed by the National Commission was not complied with, the order passed by the State Commission was required to be complied with. In the facts stated above, it is held that the opposite parties have deliberately disobeyed the order passed by the State Commission on November 9, 1995. The allegations made in the application are fully supported by affidavit of the complainant, Ranbir Singh and the original records were also taken into consideration, opposite party No. 2 is therefore, held guilty of disobedience of the orders passed by the State Commission as referred to above. He is, therefore, punished with imprisonment for a term of one month and with fine of Rs. 2000/-.

WARRANTS of conviction and sentence be prepared and sent to SSP, Jalandhar for being forwarded to the SHO of the Police Station concerned for arrest of the respondent, Baldev Singh and for lodging him in Jail to serve the sentence as awarded above. Copies of the order be sent to the parties to the application free of costs. Orders passed.