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This is an archive article published on April 8, 2011

Builder sent to two years imprisonment by consumer forum

A builder has been sentenced to two yrs imprisonment by the consumers redressal forum in Thane.

In one of a rare decision of its kind,a builder has been sentenced to two years imprisonment by the consumers redressal forum here for not complying with its earlier order.

The convict Kishore P Sawant of Swagat Constructions had failed to give possession of a flat in his building here to a couple — Veena Phatak,and Vijay Phatak — despite them having made the necessary payment.

Following this,the duo approached the forum which in January 2009 ordered Sawant to grant immediate possession of the flat to the duo.

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The body also asked the builder to pay the couple an interest of nine percent on Rs 11,04,265 (the money paid by the duo) till they received possession and also give them the NOC and enrolment in the society.

If Sawant was not not in a position to honour the orders of the forum he was asked to make a payment of Rs 19,00,000 towards compensation to the couple and in addition to that a sum of Rs 10,000 towards mental torture,and Rs 5000 towards legal expenses.

As Sawant failed to comply with the forum’s order,the couple approached the body once again.

Despite being summoned,Sawant remained absent from the proceedings following which a non-bailable warrant was issued against him,leading to his arrest.

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In the judgement that came last week,forum’s president M G Rahatgaonkar and member Jyoti concluded that Sawant deliberately insulted its orders and hence the provisions of Section 27 of the Consumers Protection Act 1986 needs to be invoked in this case.

They then awarded him two year’s imprisonment.

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