HC refuses to intervene in Mohali realtor’s pleas against consumer commission orders

The Punjab and Haryana high court has refused to intervene in five pleas filed by a Mohali realtor, WWICS, challenging the state consumer disputes redressal commission orders.

The realtor had sought quashing of September 24 orders passed against it, arguing that the Punjab commission did not have complete quorum. The realtor had stated that the consumer panel bench comprised only the president even as it is required to have two members.

However, the high court bench of justice Anil Kshetarpal, while disposing of the pleas, said the firm has effective statutory alternative remedy of filing an appeal before the national commission instead.

The bench also said that “the petitioner does not deserve the indulgence of the court”, particularly when, after receipt of almost entire payment towards price of the residential properties, it had failed to deliver possession in three cases. It further noted that the petitioner after handing over post-dated cheques for refund of the entire amount along with interest to complainants in three cases backed out of the mutual settlement as all cheques were dishonoured.

Rejecting that orders passed by the commission are without jurisdiction, the court said: “The question here is whether the quorum of the bench was complete or not? This issue can be examined by the National Consumer Disputes Redressal Commission.”

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