legal advice - Real Estate Guru
Nagpur Bench of the Bombay High Court expressed its ire towards the Consumer Redressal Commission for keeping an under trial in Jail for over one year without any trial and called it as violative of rules. It was surprised at the lack of trials till now. The Nagpur Bench remarked that it would mean curtailing the individual’s freedom of liberty.
One Dhanraj Khaprade of Katol purchased three flats at the cost of Rs 65 lakh from Revati Associates director Suhas More. He paid Rs 55 lakh towards advance. He approached the Consumer Grievances Redressal Commission as Revati Associates did not come forward to handover the flats.
The commission directed Suhas Morey to return Dhanraj’s Rs 55 lakh along with interest on October 21 of 2016. But, Dhanraj violated the commission orders, leading to the commission issuing non-bailable warrant against him. However, later he was released on bail,
In this backdrop, he approached the High Court on January 6 last year to plead not guilty before the commission. The commission got angry against him and canceled his bail and remanded him to magisterial custody. Since then he spent time behind bars till December last week. During the year, his bail plea was rejected four times,
The HC quashed the commission orders rejecting Morey’s bail plea. It directed the Commission to grant bail to Morey, The court observed that the Commission’s approach was against the principles of natural justice.
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