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Consumer commission issues bailable warrant against senior police inspector
The State Consumer Disputes Redressal Commission has issued a bailable warrant against the senior police inspector at Kasarvadavali police station based on a complaint filed by a Thane-based doctor and his brother
The State Consumer Disputes Redressal Commission has issued a bailable warrant against the senior police inspector at Kasarvadavali police station based on a complaint filed by a Thane-based doctor and his brother.
The commission has directed the Thane police commissioner to execute the warrant and said if the senior police inspector gets a cash bail, he should be directed to appear before the commission on the next date of hearing, June 7.
On Monday, a division bench of justice S P Tavade and judicial member S T Barne were hearing a petition filed by Himmat Gavali, a doctor, and his brother Vijay Gavali.
Advocate Nagraj Hoskeri, who represented the brothers, said the family owned a plot measuring 2,889 square feet at Uthalsar Naka in Thane. They had given the property for development to one Kashinath Nikam who had agreed to give the brothers five flats and two shops. However, Nikam died in 2004.
Saraswati Nikam, legal heir of Kashinath, then handed over the project to Sai Kripa Associates, a developer. However, the firm that is owned by three partners - Khairunissa Kaisar Shaikh, Bhagvat Kamthe and Bhausahebrao Sakpal - failed to give the flats and other properties to the brothers, Hoskeri said, adding the duo then approached the commission.
“The commission directed the partners to hand over the properties to the brothers within three months of passing the order. The builders were also asked to pay ₹1,000 per month to the complainants till they got possession, and a compensation of ₹50,000,” Hoskeri said.
After the developer failed to pay the costs and compensation and even give the possession of properties to the complainants, the commission issued notices to the former under section 27 (penalties) of the Consumer Protection Act, 1986, Hoskeri said. “One of the partners, Shaikh, failed to appear despite the commission issuing several bailable and non-bailable warrants in his name to Rajesh K Babshetty, senior inspector at Kasarvadavali police station.”
Thereafter, the commission issued a show cause notice to Babshetty seeking his appearance. But neither did he appear, nor did he respond to the notice, Hoskeri said. “Finally, the bench issued a bailable warrant against him. The bench said the senior inspector was charged with the offence of non-compliance with the execution of warrants,” he added.
When contacted, Babshetty said once he received a copy of the order, he would challenge it.
The bench has asked the Thane police commissioner to execute the warrant and report compliance to the registrar of commission.
“If the said senior inspector gives himself bail for ₹5,000 along with one surety for ₹5,000, he should be directed to appear in person before the commission on June 7 and produce the bail papers,” the order said, adding in the absence of a bail the commissioner should arrest him and produce him before the commission.
