CHENNAI: In one of the very interesting case, the district consumer disputes redressal forum, North Chennai, has ordered 3 months imprisonment to a city-based realtor for deficiency in services.
According to the home buyer Mr. Sridar of East Mada Street at Vilivakkam, he had purchased a flat from RNR Builders of the same area. The builder, however, failed to provide car parking space and water facility. After Sridar moved the forum claiming compensation for deficiency and negligence in services together with directions to the builder to offer the facilities, the forum, in the order on March12 and 2003, directed the builder to pay for a compensation of 78,700 and provide both facilities.
Sridar filed an execution petition the same year, as the forum’s direction went unheeded. The petition, however, remained pending for 13 years. Meanwhile, the builder paid 75,000 to Sridar in several installments. But the car parking facility was not provided. The forum, on October 17, 2016, issued show cause notice towards the building company’s proprietor, K N Loganathan, asking him why he should not be prosecuted under Section 27 of the Consumer Protection Act, 1986, for non-compliance of their order.
“if a person against whom a complaint is made fails to comply with any order made by the district forum… the person/trader shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years…?, according to Section 27 of the CPA?
After the notice, Loganathan said there was clearly no provision within the construction agreement clause to offer for the facility of parking space. The proprietor also said he was simply a power of attorney holder of the developer of housing project in Chennai, and the person who gave him the power of attorney had died with no legal heirs. He could, however, pay the balance sum of Rs 4,700 to Sridhar.
The forum’s bench said Loganathan failed to take any key to cancel the power of attorney. Also, he filed an appeal up against the forum’s verdict of 2003 within the state commission, that was dismissed.As Sridhar’s non-compliance of the forum’s order “for the past 12 years was highly deplorable, he was liable to be severely punished under Section 27 of the CPA,” said a bench sentencing him to three months imprisonment.