Builder gets 1-yr imprisonment for non-compliance of order

A Vasai-based builder has been sentenced to one-year imprisonment for failing to comply with a 2008 order of Thane District Consumer Redressal Forum (TDCRF).
The case relates to a complaint by Patricia Shashikant Vinekar, of Siddharth Nagar in Mumbai's suburban Goregaon, who had booked a flat being built by Bhimsen Sohanlal, of S R Builders & Developers.
The complainant stated that despite paying the requisite money, the builder did not give her possession of the flat.
After hearing both the sides, the TDCRF had on August 28, 2008, held that there was deficiency in services by the builder, who failed to give possession of flat to the complainant, and ordered him to pay a compensation of Rs 20,000 and Rs 5,000 towards expenses incurred by her.

The forum had also ordered him to pay the EMI to the bank on the loan taken by the complainant for the house.
The respondent challenged the forum's order before the State Consumer Disputes Redressal Commission, National Consumer Disputes Redressal Commission and also the Supreme Court, but all of them rejected his appeal.

Failing to comply with the 2008 order of the forum, the respondent stood firm on his stand that the balance of Rs 5,83,000 was not paid by the complainant.
However, it was proved before the forum that the amount was paid to him, but he had not deposited the same in the bank and was blaming the buyer for it.

Taking a serious view of the builder not complying with the order despite it being upheld by the apex court, TDCRF president Umesh Jhavalikar and member N D Kadam earlier this week found him guilty under section 27 of the Consumer Protection Act.
The forum sentenced the builder to one-year imprisonment and also slapped a fine of Rs 10,000 on him, failing which he will have to undergo an additional imprisonment of six months.