Consumer court issues warrant against Sahara chief, five others

The warrant has been served in the names of Roy and five non-executive directors -- Swapna Roy, Omprakash Srivastava, Joy Broto Roy, Sushanta Roy and Seemanto Roy

 A bailable warrant has been issued against Sahara India chief Subratro Roy and five directors of the group by the Aurangabad District Consumer Disputes Redressal Forum and Judicial Magistrate First Class for failure to respond to showcause notices / summons served earlier.

The warrant has been served in the names of Roy and five non-executive directors -- Swapna Roy, Omprakash Srivastava, Joy Broto Roy, Sushanta Roy and Seemanto Roy.

The developer was directed by the forum to return the booking amount to 20 customers but it failed to act on the directives in case of 10 customers, following which they once again moved the forum seeking execution of its order. While hearing the latest plea, the forum issued a notice to the developer, but it failed to respond, following which the forum issued a bailable warrant.

Issuing directives to the area police station of Aurangabad city police, the forum comprising president Nilima Sant and members Sandhya Barlinge and Kiran Thole said the showcause notice/summons were issued to the site office of Sahara at Aurangabad. “But the concerned officer did not remain present as directed. Hence, you are hereby directed to arrest the said in-charge officer at Aurangabad and produce him before the forum on November 23 at 11 am,” the order said.

The forum has issued 10 different warrants in each of the cases filed independently by customers.

Lawyer Jagdish Toshniwal, who represented the customers before the forum, said "The list of affected customers includes people from all walks of life, including former High Court Justice Amarjitsingh Bagga."

Toshniwal said like many others, these 20 people too booked flats costing Rs 20.86 lakh each at Sahara City Homes, Aurangabad, in 2011 and, as per the commitment of the developer, the flats were to be delivered in a span of three years.

The customers booked the flats by paying an amount of Rs 2, 08, 600 each. After the lapse of the said period, a majority of customers started making rounds of the developer, asking him to deliver the property.

Failing to get satisfactory response from the developer, the customers asked for refund, following which a legal notice was tendered in 2015 but it too failed to elicit any response. Finally, the customers appealed to the consumer court in January 2016. The orders were passed favouring customers in September the same year, asking the company to refund the amount to each customer with 12 per cent interest from the date of booking. The company was ordered to pay Rs 5,000 in each case.

The orders were never acted upon by Sahara group, which went on to challenge the same before the state bench but it was turned down. On April 20 this year, about 10 customers filed for the execution of forum’s order and, accordingly, notices were issued. After the company failed to respond to the notice, the court issued warrant against six people, said lawyer Toshniwal.

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