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Maharashtra consumer forum jails Sterling Constructions partners for defying orders

#Law & Policy#India#Maharashtra
Synopsis

The Maharashtra State Consumer Disputes Redressal Commission has sentenced partners of Sterling Constructions to imprisonment for allegedly wilfully disobeying consumer forum orders in three separate homebuyer disputes linked to the Sterling Apartments project in Chunabhatti, Mumbai. The commission treated the continued non-compliance as deliberate and invoked Section 27 of the Consumer Protection Act, 1986. The action comes after the developer failed to comply with directions issued in cases filed by homebuyers. The ruling underlines the consequences developers can face when consumer court orders are not followed.

The Maharashtra State Consumer Disputes Redressal Commission has sentenced partners of Sterling Constructions to imprisonment for wilfully disobeying consumer forum orders in three separate disputes involving homebuyers of its Sterling Apartments project in Chunabhatti. 
The commission took the action after finding that the developer’s partners had deliberately failed to comply with orders passed in favour of the homebuyers. The cases relate to the Sterling Apartments project, where buyers had approached the consumer forum over their grievances. 
The commission invoked Section 27 of the Consumer Protection Act, 1986, which provides for penalties, including imprisonment, for failure to comply with orders of consumer commissions. The partners were convicted after the commission concluded that the continued non-compliance was deliberate. 
The proceedings followed repeated directions requiring the developer to comply with orders issued in the homebuyer disputes. Despite the directions, the developer did not fulfil the requirements within the prescribed period, leading to further action before the consumer commission. 
The ruling is significant for homebuyers as consumer commissions have powers to enforce their orders against developers. Non-compliance can result in proceedings under Section 27 in addition to the original relief ordered in favour of the consumer. 
The action also comes amid increased scrutiny of delays and non-compliance in real estate disputes, with consumer forums and regulatory authorities taking steps to enforce orders passed in favour of property buyers. The Maharashtra commission’s decision relates specifically to the three cases involving Sterling Apartments and the conduct of the developer’s partners in complying with the orders.

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