Proclaimed Offender proceedings against 3 builders

The commission added that the proclamation should come into effect in 10 days.

Written by Swati Mahajan | Chandigarh | Published:June 6, 2017 9:18 am

The STATE CONSUMER Disputes Redressal Commission has initiated proceedings to declare the owners of Unitech proclaimed offender (PO) as they have not deposed before the commission despite orders. The state commission had passed the orders on July 19, 2016, directing the chairman of Unitech, Ramesh Chandra, and two managing directors Ajay Chandra and Sanjay Chandra to give a compensation of Rs 3 lakh to complainant Amandeep Singh Kanwar and his wife Simmerpreet Randhawa. The commission had also asked Unitech to refund Rs 66,53,190 and pay Rs 50,000 as cost of litigation. The complainant then filed execution for compliance of orders and the commission sentenced the Unitech owners to imprisonment as well.

The commission directed that the process of declaring them PO and the documents be sent to the senior superintendent of police for publication in newspapers under the terms of provision of Section 82 of the CrPC 1973.

The commission added that the proclamation should come into effect in 10 days.

Unitech counsel advocate Vertika H Singh said, “We will appeal to the national commission against the orders.”

Pronouncing the orders, commission said, “The action taken report clearly demonstrates that when the raids were conducted, the owners of the real estate company were not found. We note that as and when bailable warrants, non-bailable warrants were issued against the company owners to secure their presence, they were not found at the given address.”

Coming down heavily on the Unitech owners, the commission said despite the directions of the National Consumer Disputes Redressal Commission, the builders have failed to appear before it.

Pointing out that the owners were not following the law, the commission said, “This commission is of the opinion that the owners of the company are considering themselves bigger than the law. We are satisfied that the company owners are concealing their presence so as to avoid discharge of their liability imposed upon them by this commission.”

The commission observed that the “poor consumers were suffering as after passing money to the owners of the real estate company, they have failed to get anything in their hands”.

The complainant had booked a flat in a project Aspen Greens, Sector 107, Uniworld, Mohali. It was marketed by Unitech. On March 17, 2011, Kanwar was allotted a flat for Rs 71,60,160. Though he had deposited around Rs 66 lakh, Kanwar was not given possession. He then filed a case in the consumer courts.

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