ASHOK S DESHMUKH Vs. SAI SHREE BUILDERS

JUDGEMENT

(1.) This Misc. Application is presented by the complainant under sections 25 and 27 of the Consumer Protection Act, 1986 alleging non-compliance of the order of this Commission dated 13-8-1993 passed in Complaint No. 60/93.

(2.) By the aforesaid order this Commission had directed the opposite party, the Builder to pay to the complainant Rs. 84,800/- together with interest in addition to Rs. 25000/- towards the compensation and Rs. 500/- as costs. This Commission had issued Show Cause Notice under section 27 of the C.P. Act dated 20-11-1993 and further directed the opposite party to attend this Commission on 9-12-1993. However, the opposite party remained absent. Another Show Cause Notice was sent in the name of Sanjay Deshmukh, the Managing Partner of M/s Sai Shree Builders. He was present before this Commission and agreed to make the payments of Rs. 30,000/- by 30th March, 1994. He was given time to make the payment and the hearing was fixed on 28-3-1994. Despite the undertaking given by the opposite party, Sanjay Deshmukh, again failed to comply the order of this Commission. We, therefore, found that the opposite party Shri Sanjay Deshmukh not only failed to comply the order of the Commission but also gave false assurances before this Commission. We, therefore, held him guilty under section 27 of the C.P. Act, 1986 by an order dated 9-6-1994. A copy of the order was sent to him and he was directed to attend the Commission for hearing on the point of sentence on 8-7-1994. However, on 8-7-1994, the opposite party Sanjay Deshmukh remained absent. Thereafter the opposite party Sanjay Deshmukh never appeared before this Commission despite repeated intimations. We are, therefore, satisfied that the opposite party willfully ommitted to comply the order of this Commission. In the circumstances, in exercise of the powers conferred by section 27 of the C.P. Act, we impose on the opposite party a fine of Rs. 10,000/- over and above the amount of cost already directed to be paid as per the final order passed in Complaint No. 60/93. In addition above, Shri Sanjay Deshmukh, resident of Plot No. 32, Kannamwar Nagar, Wardha Road, Nagpur is hereby sentenced to undergo three months simple imprisonment for disobidience of the order of this Commission. In Misc. Application 495/92 arising out of the Original Petition No. 235/92 by an order dated 3-8-1994 the National Commission, New Delhi sentenced one Laxmanan to undergo two months simple imprisonment for disobedience of the order of National forum under section 27 of the C.P. Act. In our view, this is a fit case where the exercise of the powers conferred on this Commission by section 27 of the C.P. Act, 1986 is required to be invoked. We, therefore, pass the following order : Order

(3.) Shri Sanjay Deshmukh, managing partner of M/s. Sai Shree Builders resident of Plot No. 32 / Kannamwar Nagar, Nagpur is sentenced to undergo three months simple imprisonment and sentenced to pay a fine of Rs. 10,000/- for disobedience of the order of this Commission under section 27 of the Consumer Protection Act, 1986.