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
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.
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
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.
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 years imprisonment.