STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

MAHARASHTRA, MUMBAI

Appeal No.A/14/240

1.Smt.Smita Prabhudas Shah

2. Smt.Vibha Nilesh Shah

Both R/o.10/733, 1^st floor

Old MHB Colony

Swanand Sadan Building

Gorai Road, Borivali (W)

Mumbai 400 092

…..Appellants

Versus

M/s.U.K.Builder

Through partners

1. Kuldip U.Oswal

2.Gyanchand K.Sancheti

Having its registered office

At A/12, Shantiganga Apartment

Opp.Railway station, Bhayander (East)

District Thane 401 105

.........Respondents

BEFORE: Justice Mr.A.P.Bhangale, President

Mr.A.K.Zade, Member

ORDER

Per – Hon’ble Justice Mr.A.P.Bhangale, President

Heard Mr.Ajay Pawar –Advocate for the appellants and Mr.Ravi

Ram-Advocate for respondents. Appellant no.1-Smt.Smita P.Shah present

in person.

2.

Heard submissions of learned advocates for the parties in support of

the appeal. According to learned advocate Mr.Pawar appearing as Amicus

Curie on behalf of the appellants who need legal aid, he contended that

there was no compliance of order dated 18/08/2007 passed in consumer

complaint no.301/2006 decided by Learned District Forum, Thane. Learned

District Forum was hearing Execution Application no.164/2007, whereby

the complainant was insisting upon compliance of the final order. In the

final order, the complaint was allowed and opponents were directed to

accept the balance consideration in the sum of Rs.6 lakhs and to register the

Sale deed in respect of flat no.208 situated on the second floor in B wing of

the building by name ‘Ostwal Empire’. The complainant had also prayed

for Occupation Certificate as the building was complete in accordance with

the approved plan. Compensation was awarded in the sum of Rs.10,000/-

payable to each of the complainants and litigation costs in the sum of

Rs.2000/-. There was a default clause in the final order that in case no

compliance is made within two months from the date of order i.e.

18/08/2007, the opponents

shall

pay sum of Rs.20,000/-

towards

compensation along with interest @ 9% p.a. with effect from the date of

filing of the complaint.

3.

Learned Advocate Mr.Pawar submitted that offence punishable

u/sec.27 of Consumer Protection Act, 1986 is a penal provision for

imprisonment upto three years and fine in the sum of Rs.10,000/- or both

and require opponents to comply with the final order, failing which,

punishment has to be undergone or suffered appropriately. In the present

case, learned District Forum took very light view of the matter and showed

utter leniency in favour of the accused by inadequately sentencing them to

pay fine only in the sum of Rs.10,000/- payable by each of them and in

default, to undergo simple imprisonment for three months only. This

punishment is extremely lenient, insufficient and defeats the very purpose

of relief of passing of the final order. As the opponents are found guilty,

they would go away scot-free being subjected to very lighter punishment as

has been done by the Forum below.

4.

Learned advocate Mr.Ravi Ram for respondents under authority

letter contended that his senior is busy in other court and he only wanted an

adjournment. We are not inclined to adjourn this matter, considering the

facts and circumstances of the case that execution proceedings were not

decided by appropriate punishment so as to insist upon compliance of the

final order. Punishment which was imposed, in our view, was not only

extremely lighter but if such accused in the proceedings u/sec.27 of

Consumer Protection Act, 1986 are let off with such light punishment, then

the whole purpose of relief under section 27 of Consumer Protection Act,

1986 will be defeated. In our view, the punishment of imprisonment upto

three years and fine in the sum of Rs.10,000/- is provided so as to make it

compulsory for the accused to comply with the final order. In a given case

it may be that accused is subjected to imprisonment maximum upto three

years with the rider that he shall be released forthwith if he comply with the

final order would be just

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