Apartment joint developers sentenced to three years imprisonment for not complying with order on providing parking space

Laveena Noronha had complained to the consumer disputes redressal commission that the developers did not provide her parking space after buying a flat at Marian Lake View

The Dakshina Kannada District Consumer Disputes Redressal Commission has sentenced joint developers of Marian Lake View Apartment at Gujjarkere, Jeppu, to three years imprisonment for their failure to comply with its earlier order of allotting parking space to a flat purchaser.

Those sentenced are Naveen Cardoza and Ujwal D’Souza, managing director and director, respectively, of Marian Infrastructure (Projects), and landowners William Saldanha, B. Gayathri Pai, and Lucy Saldanha.

After buying a flat at Lake View, city resident Laveena Noronha approached the district commission alleging deficiency in service by joint developers as they had failed to provide parking space as per the sale deed conditions. The commission on June 24, 2017, directed the joint developers to allot parking space to Dr. Noronha and pay her ₹50,000 compensation with ₹10,000 as litigation cost. The joint developers’ appeal against the district commission’s order was rejected by the State Consumer Disputes Redressal Commission on March 17, 2022, which gave 30 days time to comply with the district commission’s order.

As the State commission’s order was not complied with within the stipulated time, Dr. Noronha filed a petition before the district commission for execution of the order.

In its November 10 order, the district commission, comprising president K. Prakasha and members P.V. Lingaraju and H.G. Sharadamma, noted that landowner Ms. Pai sold a flat in Lake View to one Muhyiddeen Noushad on March 18, 2022, a day after the State commission rejected the appeal. The joint developers had argued that all flats were sold out and they could not offer parking space to Dr. Noronha.

Holding that executing the sale deed when there was an order of the commission as a clear violation of law, the district commission said the joint developers were guilty under Section 72 of the Consumer Protection Act for non-compliance of the district commission’s orders passed in June 2017.

The commission sentenced the joint developers to three years imprisonment and directed them to pay ₹1 lakh each as a fine. In case of default of payment of the fine, they shall undergo further imprisonment of six months, the district commission said. It also cancelled bails granted to them earlier.