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The Dakshina Kannada District Consumer Disputes Redressal Commission has handed down a three-year prison sentence and a Rs 1 lakh fine to city-based builders, Naveen Cardoza and Ujwal D'Souza, along with landowners William Saldanha, B Gayathri Pai, and Lucy Saldanha. The sentencing comes in response to their failure to comply with the commission's orders. The charges stem from a complaint filed by Dr Laveena Noronha, who purchased a flat at Lake View. Alleging a deficiency in service, Dr Laveena claimed that the developers, Marian Infrastructures, failed to provide the parking space stipulated in the sale deed conditions. The district commission, on June 24, 2017, directed the developers to allocate parking space to Dr Laveena and compensate her with Rs 50,000, along with Rs 10,000 as litigation costs. Despite the State Consumer Disputes Redressal Commission rejecting the developers' appeal on March 17, 2022, and also providing a 30-day window to comply with the district commission's order, the builders failed to do so. Consequently, Dr Laveena petitioned the district commission for the execution of the order. In its ruling on November 10, the district commission, presided over by K Prakasha and members PV Lingaraju and HG Sharadamma, highlighted that the landowner B Gayathri Pai sold a flat in Lake View to Muhyiddeen Noushad on March 18, 2022, a day after the state commission rejected the appeal. The joint developers argued that all flats were already sold, and therefore, they could not provide parking space to Dr Laveena. Citing the developers' noncompliance with the commission's orders from June 2017, the district commission found them guilty under Section 72 of the Consumer Protection Act. Additionally, the commission revoked the bail previously granted to them. If they fail to pay the imposed fine, the builders will face an additional six months of imprisonment as well.
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