First Appeal No. 614 of 2010. Case: M/s. Gariba Construction Co. Vs Malad Dipti Apartment Co-op Housing Society Ltd.. Maharashtra State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 614 of 2010
CounselFor Appellant: Mr. A.H. Ponda, Advocate
JudgesR.C. Chavan, Presiding Member and Dhanraj Khamatkar, Member
IssueCode of Criminal Procedure, 1973 (CrPC) - Section 389; Code of Criminal Procedure, 1973 (CrPC) - Section 389(3); Consumer Protection Act, 1986 - Section 27
Judgement DateSunday June 30, 2013
CourtMaharashtra State Consumer Disputes Redressal Commission

Order:

R.C. Chavan, Presiding Member

  1. Heard Mr. A.H. Ponda-Advocate for the appellant. None for respondent. This appeal is directed against the order passed by the District Forum, South Mumbai on Execution Application No. 14/2008 on 23/06/2010, whereby the Learned President and Member of forum convicted the appellant for an offence punishable under section 27 of Consumer Protection Act, 1986 and sentenced him to suffer two years Simple Imprisonment and to pay fine of Rs. 10,000/- and in default to deposit fine, Simple Imprisonment for further period of three months.

  2. The execution application arose out of order dated 17/05/2007 passed in complaint no. 243/2006, whereby the forum had directed the appellant to execute conveyance of the entire society's property in favour of the complainant society. Appellant was also directed to take immediate steps to obtain the Occupation Certificate from the Greater Mumbai Municipal Corporation and to hand over the same to the complainant. Appellant filed an appeal bearing no. A/08/537 before this Commission, which was dismissed by this...

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