Consumer panel sends BCL Homes MD to jail

Tribune News Service 

Chandigarh, April 8

The State Consumer Disputes Redressal Commission today sent Baldev Chand Bansal, Managing Director, BCL Homes Ltd, to jail over non-compliance of its orders.

The police produced Bansal, who was absconding for a long time, before the Commission on Monday. Appreciating the action taken by the police, the panel advanced the date of hearing and took up the matter.

The PO cell of the UT police had arrested the accused and produced him before the panel today. The commission sent him to jail and directed the police to produce him before the court on April 10, the next day of hearing.

Devki Nandan Kapoor and 27 other investors had filed complaints against the real estate firm with its headquarters in Chandigarh.

The complainants had booked flats in a project launched by the firm under the name Chinar Homes, Kishanpura, Zirakpur, Mohali. They made payment towards booking amounts. They also paid as per demands raised by the builder from time to time. However, the builder failed to give possession of the flats even after the stipulated date.

On visiting the project, the complainants were shocked to see that there was no internal development at the site. Requests to make payment of compensation on account of delay caused in handing over the possession of the unit were also not accepted by the builder. They also came to know that the firm had defaulted on making repayment of loan raised from the bank.

The complainants claimed that the firm was not completing construction of the units and handing over possession thereof and they were being forced to live in rented accommodations, for which they were paying heavy rent, thereby suffering a financial loss.

In its order dated September 14, 2016, the Commission had directed BCL Homes Ltd to refund a sum of Rs 50.50 lakh to the complainants, along with simple interest at the rate of 12 per cent per annum, to pay compensation of Rs 2 lakh for causing mental agony and physical harassment to them and pay cost of litigation to the tune of Rs 50,000.

After the firm failed to comply with the order, a show-cause notice was issued to Bansal on March 2, 2017, under Section 27 of the Consumer Protection Act.

It also came on record that the project was sold without taking requisite permissions. Furthermore, the entire property on which the project was to be raised was lying mortgaged.

After Bansal failed to appear before the Commission despite umpteen notices, bailable arrest warrants were issued against him. 

On June 28, 2017, non-bailable arrest warrants were issued but Bansal again failed to appear before the Commission. Later, several non-bailable warrants were issued against him.

On May 24 last year, a request was sent to the Director General of Police, Chandigarh, to look into the matter so that culprit could be arrested and produced before the court. After he failed to appear before the court, the project of the company was attached.

Sources said several such cases were pending against the firm in Panchkula and Mohali courts. 

The case

• Devki Nandan Kapoor and 27 other investors had filed complaints against the real estate firm with its headquarters in Chandigarh.
• The complainants had booked flats in a project launched by the firm under the name Chinar Homes, Kishanpura, Zirakpur, Mohali. They made the payment, but  the builder failed to give possession of the flats.