Sandeep Rana
Chandigarh, February 9
The State Consumer Disputes Redressal Commission has awarded two-and-a-half-year imprisonment to Kuldeep Soni, managing director, and Ved Prakash Sharma, director, of K Soni Builders and Promoters (P) Ltd, for not complying with its orders in three cases.
The commission, presided over by Justice Jasbir Singh (retd), also imposed a “total fine” of Rs 30,000 each on them. A fine of Rs 30,000 has also been imposed on the real estate company for “wilful non-compliance of the orders”.
Non-bailable warrants were also issued against Soni and Sharma for their arrest to undergo the sentence.
Advocate Vipul Dharmani said the complainant, Luxmi, a resident of Panjab University, had booked a flat at KSB Royal Heights in Sector 126, Mohali, by paying the booking amount of Rs 4,90,000. The deal was fixed for Rs 24.90 lakh and Rs 22,07,642 had already being paid.
An “agreement to sell” was signed between the parties on February 20, 2011. The possession of the unit was to be given on or before December 31, 2012. However, the builders failed to hand over the possession of the flat to the buyer following which a complaint was filed before the commission. The court had ordered to refund the amount of Rs 22,07,642 to the complainant, along with interest at the rate of 12 per cent per annum from the dates of deposit.
Orders were also issued to pay Rs 4,15,224 to the complainant, the amount paid by her as interest on the loan account. Besides, a compensation of Rs 1.50 lakh and Rs 33,000 as the litigation cost were also awarded to the complainant. However, the company did not follow the orders.
Two other complainants — Rajesh Kumar Bains and his wife Kanchan Bains, residents of Phase I, Mohali, and Kamaldeep Singh, resident of Dhanas — had similar cases.
Thus, three execution applications were moved.
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