Coercive Warrants Recalled as Builder Assures Appearance in Consumer Case.


09 April 2025 Consumer Protection Act >> Consumer Rights  

In a recent development, the National Consumer Disputes Redressal Commission (NCDRC) has recalled bailable warrants issued against the Managing Director of Supertech Limited, Mr. Ram Kishor Arora. This decision came after Mr. Arora's counsel assured the High Court that he would personally appear before the NCDRC on the next scheduled hearing date, April 15, 2025.

The case stems from a complaint filed by Mr. Rohit Verma and another individual, which the NCDRC allowed on October 8, 2021. Supertech Limited was directed to refund a total of ?91,83,830 to the complainants and HDFC Bank, along with 9% simple interest from the respective dates of deposits and Rs. 50,000 as litigation costs. The order stipulated that if the refund was not made within six weeks, the interest rate would increase to 12%.

 
 

Following the non-compliance with this order, an execution petition was filed. On February 17, 2025, the NCDRC directed Mr. Arora to appear and explain the delay in satisfying the decree, and to show cause why proceedings under Section 72 of the Consumer Protection Act, 2019, should not be initiated against him. When Mr. Arora failed to appear on March 6, 2025, the NCDRC issued bailable warrants, requiring his presence on April 2, 2025, along with two sureties of Rs. 25 lakhs each and a personal bond of the same amount.

During the High Court proceedings, Mr. Arora's senior counsel informed the court that there was no intention to delay the execution and that Mr. Arora was prepared to assist the NCDRC. The counsel undertook that Mr. Arora would physically appear before the NCDRC on April 15, 2025, and scrupulously adhere to any directions passed.

In light of this undertaking and with no objection from the complainants' counsel, the High Court disposed of the petition. The court's order explicitly recalled the bailable warrants and the conditions for submitting bonds. The NCDRC is now empowered to proceed with the matter as per law and impose any conditions it deems fit once Mr. Arora appears. The order also clarified that Mr. Arora retains the right to move an appropriate application if he believes his prosecution under Section 72 of the Consumer Protection Act, 2019, is not sustainable.


Section 21, Consumer Protection Act - 1986  

Consumer Protection Act, 1986