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Sharpmind Consultancy Services & Others v/s M/s. Libord Finance Ltd. & Others


Company & Directors' Information:- LIBORD FINANCE LIMITED [Active] CIN = L65990MH1994PLC077482

Company & Directors' Information:- J K CONSULTANCY AND SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066762

Company & Directors' Information:- H S CONSULTANCY PVT LTD [Active] CIN = U74140WB1988PTC044368

Company & Directors' Information:- SHARPMIND CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140MH1995PTC087297

Company & Directors' Information:- S M CONSULTANCY PVT LTD [Active] CIN = U74140WB1992PTC057293

Company & Directors' Information:- K S CONSULTANCY SERVICES PVT LTD [Active] CIN = U74140WB1988PTC045137

Company & Directors' Information:- E TO E CONSULTANCY PRIVATE LIMITED [Active] CIN = U63030KA2008PTC048557

Company & Directors' Information:- Y A CONSULTANCY SERVICES PVT LTD [Active] CIN = U74140WB1987PTC043225

Company & Directors' Information:- R. A. CONSULTANCY PVT. LTD. [Under Process of Striking Off] CIN = U67120WB1994PTC066521

Company & Directors' Information:- V G CONSULTANCY PRIVATE LIMITED [Active] CIN = U74899DL1993PTC054746

Company & Directors' Information:- L S D CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262781

Company & Directors' Information:- K .P. A. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC142889

Company & Directors' Information:- P O CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U93000WB2009PTC134219

Company & Directors' Information:- T K M CONSULTANCY INDIA PRIVATE LIMITED [Strike Off] CIN = U74140KL1998PTC012694

Company & Directors' Information:- A & A CONSULTANCY PVT. LTD. [Active] CIN = U74140WB1986PTC040777

Company & Directors' Information:- Y K CONSULTANCY (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL2003PTC121113

Company & Directors' Information:- K A FINANCE & CONSULTANCY PVT LTD [Active] CIN = U67120WB1987PTC042745

Company & Directors' Information:- L M J CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC208950

Company & Directors' Information:- R. K . CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140AS2006PTC008131

Company & Directors' Information:- M U S INDIA CONSULTANCY LIMITED [Strike Off] CIN = U74900WB2013PLC191253

Company & Directors' Information:- M. A. B. FINANCE SERVICES PRIVATE LIMITED [Active] CIN = U67190MH1995PTC095738

Company & Directors' Information:- A & A SERVICES AND CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140OR2012PTC015010

Company & Directors' Information:- J R CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900TN2015PTC102294

Company & Directors' Information:- R A D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2011PTC224038

Company & Directors' Information:- S I M CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2007PTC162468

Company & Directors' Information:- Y. K. M. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74900DL2013PTC254940

Company & Directors' Information:- J. P. CONSULTANCY PRIVATE LIMITED [Active] CIN = U51909GJ2002PTC040433

Company & Directors' Information:- V & T CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999CH2005PTC027862

Company & Directors' Information:- P C CONSULTANCY PVT LTD [Active] CIN = U74210WB1991PTC053835

Company & Directors' Information:- J A CONSULTANCY PRIVATE LIMITED [Under Process of Striking Off] CIN = U93090MH2008PTC188284

Company & Directors' Information:- L M B CONSULTANCY SERVICES INDIA PRIVATE LIMITED [Active] CIN = U74999KL2002PTC015318

Company & Directors' Information:- P J FINANCE & CONSULTANCY PVT LTD [Strike Off] CIN = U65999WB1991PTC051944

Company & Directors' Information:- M Y M CONSULTANCY SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74900KA2011PTC058364

Company & Directors' Information:- S K A CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999UP2020PTC136502

Company & Directors' Information:- T C S CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140RJ1995PTC011052

Company & Directors' Information:- K B M CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72900TG2002PTC038403

Company & Directors' Information:- D M M CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC151887

Company & Directors' Information:- C I S (INDIA) CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74120BR2013PTC021019

Company & Directors' Information:- R I W CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KL2013PTC034174

Company & Directors' Information:- P S P CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900DL2011PTC222022

Company & Directors' Information:- N. K. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140HR2006PTC036471

Company & Directors' Information:- M E CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140KL2012PTC031172

Company & Directors' Information:- M & M CONSULTANCY SERVICES PVT. LTD. [Strike Off] CIN = U74140WB1992PTC056149

Company & Directors' Information:- V S B D CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TN2000PTC045338

Company & Directors' Information:- Z K CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210DL1993PTC052338

Company & Directors' Information:- B AND D CONSULTANCY SERVICES PVT LTD [Strike Off] CIN = U74210MH1982PTC027430

Company & Directors' Information:- D. G. CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140WB2008PTC129948

Company & Directors' Information:- V F C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140RJ2015PTC048025

Company & Directors' Information:- E & C CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140TN2007PTC062260

Company & Directors' Information:- L & R CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140TN2009PTC072839

Company & Directors' Information:- P P CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210TN1982PTC009556

Company & Directors' Information:- N R 'S CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210TN1986PTC013630

Company & Directors' Information:- M F S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140MH2008PTC177948

Company & Directors' Information:- D P CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140PN2008PTC132654

Company & Directors' Information:- C AND H CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74100MH2004PTC148618

Company & Directors' Information:- R V K CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74120MH2011PTC221273

Company & Directors' Information:- H A S D CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120MH2011PTC222997

Company & Directors' Information:- H H S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74120MH2013PTC250345

Company & Directors' Information:- M & W CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74910TN2004PTC053384

Company & Directors' Information:- J K M CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120UP2010PTC042726

Company & Directors' Information:- Y V R CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900TG2015PTC098309

Company & Directors' Information:- J L I CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72300UP2012PTC052649

Company & Directors' Information:- D R M B CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2014PTC201139

Company & Directors' Information:- M P CONSULTANCY PVT LTD [Strike Off] CIN = U74120WB1996PTC081085

Company & Directors' Information:- J. L. CONSULTANCY PVT LTD [Active] CIN = U74140WB1985PTC039818

Company & Directors' Information:- S E S CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74999WB2011PTC170939

Company & Directors' Information:- G P R CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140CH2012PTC033622

Company & Directors' Information:- S K CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000JH2012PTC000348

Company & Directors' Information:- R & A CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U67100DL2011PTC215340

Company & Directors' Information:- M J M CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC133200

Company & Directors' Information:- A C G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC140720

Company & Directors' Information:- H M S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC201488

Company & Directors' Information:- D & G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U65990DL2011PTC214142

Company & Directors' Information:- R & J FINANCE SERVICES PRIVATE LIMITED [Active] CIN = U67190DL2014PTC264122

Company & Directors' Information:- R H H H CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900AP2014PTC095348

Company & Directors' Information:- A & C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140KA2008PTC046754

Company & Directors' Information:- J S M CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U93000HR2011PTC043455

Company & Directors' Information:- A P R CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U93000KA2014PTC073639

Company & Directors' Information:- L AND L CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL1997PTC011084

Company & Directors' Information:- J AND S CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL2005PTC018496

Company & Directors' Information:- P E B CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL2011PTC027680

Company & Directors' Information:- Z & H CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U85190KL2008PTC023534

Company & Directors' Information:- D C D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999RJ2020PTC071399

Company & Directors' Information:- D AND N CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2020PTC195417

Company & Directors' Information:- S S G CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TN1997PTC037763

Company & Directors' Information:- V Z CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140MH2007PTC170875

Company & Directors' Information:- F T CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900CH2007PTC030854

Company & Directors' Information:- A. A. R. M. CONSULTANCY SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74140DL2006PTC150076

Company & Directors' Information:- M AND M CONSULTANCY PVT LTD [Strike Off] CIN = U74140PB1985PTC006557

Company & Directors' Information:- SERVICES AND CONSULTANCY P. LTD. [Strike Off] CIN = U99999DL2000PTC902217

    Appeal Execution No. 17 of 2019

    Decided On, 31 October 2019

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. PREM NARAIN
    By, MEMBER

    For the Appearing Parties: Mohit Bhansali, Pavan Upadhyaya, Anand Patwardhan, Anjani Kumar Singh, Advocates.



Judgment Text


1. This Appeal Execution has been filed by Sharpmind Consultancy Services Pvt. Ltd. & ors. challenging the order 26.03.2019 passed by the State Commission in Execution application No.16/23.

2. Brief facts of the case are that the complainant/respondent No.1 had filed a consumer complaint before the State Commission and the same was allowed vide order dated 17.11.2014 as under:-

"Opponent is directed to execute an agreement of sale in respect of another shop of the same size within the vicinity of the same location and to hand over possession of the same to the complainant within a period of six months from the date of this order by appropriating Rs.5 Lakhs paid by the complainant as booking amount towards total consideration and accepting Rs.47 Lakhs as remaining consideration from the complainant by giving intimation about readiness of the shop and the agreement to be executed in favour of the complainant."

3. The opposite parties preferred first appeal bearing No.106 of 2015 before the National Commission and this Commission vide its order dated 11.03.2016 modified the order of the State Commission as under:-

"25. However, it must be borne in mind that a sum of Rs.47.00 Lakhs was not paid by the complainant since 30.04.2000. We hereby modify the order of the State Commission and direct that, in addition to the order of the State Commission, the complainant will also pay interest at the rate of 10% p.a., from 30.04.2000, till the date of this order, in both the eventualities, specified in the order of State Commission."

4. As the possession was not offered within a period of six months, the complainant filed execution application 16/23 before the State Commission. The State Commission vide its order dated 05.10.2018 passed the following order:-

"We make it clear that for the delayed period with effect from date of final order, the amount which is deposited on 18/01/2017 ought to have been withdrawn by the opponents so as to comply with their obligation as per final order to deliver possession of the shop which is subject matter of consumer dispute. As long as opponents not delivering possession of shop to the complainant, they shall pay interest @10% p.a. on the amount withdrawn by them or made payable to them with effect from 18/01/2017. Meanwhile, accused shall produce certificate of completion of building duly certified by the Architect/Structural Engineer/Surveyor as also copy of application made to the Municipal Corporation indicating that occupation permission is sought for by the opponents pursuant to the final order. This compliance shall be made before the next date, failing which we will have to take coercive measures."

5. The complainant deposited Rs.1,21,56,027/- on 18.01.2017 with the State Commission and then the State Commission again passed an order dated 26.03.2019. The appellants in the present case are aggrieved by the note mentioned at the end of the order dated 26.03.2019 of the State Commission. The note reads as under:-

"NOTE:- Our attention has been invited to the draft Agreement of sale labelled as 'without prejudice' at Exhibit C with the record. We cannot accept such term 'without prejudice'. The draft has to be intended as final agreement for sale with signatures of the opponents on each page of the draft as an intended agreement for sale, if accepted by the complainant shall be termed as final compliance. Draft agreement for sale, if any, shall be handed over for confirmation to the complainant and confirmed draft agreement for sale be handed over to this Commission on next date. S/o. 25.04.2019."

6. Heard the learned counsel for the parties and perused the record. Learned counsel for the appellants stated that the appellants have already supplied draft agreement of sale to the complainant duly signed by the appellants. It was not open to the State Commission to observe that submission of the draft agreement to sell shall be treated as compliance only when it is accepted by the complainant. The draft agreement has been prepared on the basis of the provisions of Real Estate Regulatory Authority, (RERA). The complainant has already filed objection to the draft agreement provided by the appellants. The State Commission may decide the objections, however, if provisions kept in the draft agreement are in consonance with the provisions of RERA, even the State Commission will not have power to change them. Clearly, the satisfaction of the complainant is not required so far as draft agreement is concerned. If the complainant is not comfortable with any clause, his objection can be decided by the State Commission. It was further argued by the learned counsel that the main order of the State Commission dated 17.11.2014 and order of the National Commission dated 11.03.2016 do not mention anything about the draft agreement to sell. The only direction is to execute the agreement. Learned counsel further stated that the second floor is totally complete where the allotted shop is located and the appellants are in a position to handover the possession to the complainant. The appellants are confident to get the occupancy certificate from the competent authority within a short period and therefore, it is essential that the agreement to sell is finalised as early as possible.

7. On the other hand learned counsel for the respondent No.1/complainant stated that the complainant has already filed its objections to the draft agreement of sale before the State Commission. However, if the second floor is complete and occupancy certificate obtained for this floor, he will have no objection in taking over the possession as per the order dated 17.11.2014 as modified by the order of this Commission.

8. I have carefully considered the arguments advanced by both the learned counsel for the parties and have examined the material on record. It is clear that note appended with the impugned order of the State Commission is in the form of an observation. However, this observation is prejudicial to the appellants because it says that the draft agreement to sell should be according to the satisfaction of the complainant. I agree with the assertion of the learned counsel for the appellants that if the complainant is not satisfied and period gets over, then the appellants may be proceeded as an accused under the execution proceedings, whereas they would have complied with the order. If the appellants get the occupancy certificate within a period of four weeks, they shall file the same before the State Commission before the next date of hearing and also submit revised draft agreement to sell after obtaining the occupancy certificate and keeping in view the objections raised by the complainant. This draft agreement to sell may be filed along with occupancy certificate within a period of 4-5 weeks from the date of this order. However, if neither the occupancy certificate nor the revised draft agreement to sell before the State Commission is filed within the time given, the State Commission will be free to decide the objections raised by th

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e complainant after hearing both the parties on the matter. In this context, the note written at the end of the impugned order passed by the State Commission will not be treated as part of the order of the State Commission. The role of the appellants is only to submit the draft agreement. It is for the complainant to consider whether it wants to sign or not. If not agreed, the complainant may file fresh objection, if required and then the State Commission will be deciding these objections, if the State Commission wants to enter into this arena. However, the appellants will not be treated in default if they have supplied the draft agreement and a copy of the agreement is given to the State Commission. With these observations, the Appeal Execution No.17 of 2019 is disposed of.
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