Dhananjay Jog
‘Vanishing into thin air’ is a classic trick performed by stage magicians. Typically, the magician seats his assistant on a chair and throws a black cloth over her—or asks her to step into a cupboard. After some dramatic chanting and wand-waving, he reveals that she has disappeared—only for her to reappear moments later from among the audience.
(A side thought: Why is the assistant always a glamorous woman? Does that somehow make her easier to vanish?)
While watching a magician perform is certainly entertaining, a builder vanishing after promising you a flat is no pleasant surprise. The cheated, innocent buyer then sometimes expects the Consumer Commission to make the builder reappear. Sadly, we have no magical powers. If someone goes into hiding intentionally and has taken steps to cover their tracks, it is generally difficult to locate them. Were he a murderer or a major criminal, the police might track him down. But the police cannot be deployed in every civil case. All that a Consumer Commission can do is attach any known property. The other option is to issue arrest warrants. But to arrest someone, they must first be found. What if, in the meantime, the person has escaped to a country with which India has no mutual extradition treaty? In that case, our justice system would have
reached its limit.
This is what happened with Shabana Khan, who had booked a flat with Rajeev Sharma, proprietor of a building firm (names changed). She approached us, proving that she had paid Rs. 29 lakhs out of the agreed Rs. 33 lakhs. After reviewing the evidence, we directed Sharma to complete construction and deliver the flat within 60 days. We also awarded compensation and interest for the delay. Soon after, Sharma stopped engaging with the legal process. Unlike in a previous high-profile case involving 40 buyers (Case of the Absconding Builder – 6 August 2023), Sharma hadn’t completely disappeared—he just refused to cooperate further. Khan, through her contacts, managed to trace him and found that he had fallen
into financial ruin.
When a judgment isn’t followed, one can file for its execution—that is, request the Commission’s help in enforcing it. This can involve attaching and auctioning off the accused’s property or, alternatively,
seeking imprisonment.
In Khan’s case, Sharma had no assets to attach and arresting him served no purpose—he had nothing to offer. Many flat buyers face such outcomes. During my interactions with various State and District Commissions—in Delhi, Madhya Pradesh, Gujarat, Rajasthan, and Maharashtra—I came across similar cases.
Given Sharma’s condition, Khan wisely chose not to seek his arrest. Instead, in consultation with us and under legal advice, she applied for permission to complete the unfinished flat at her own expense and take possession. She submitted a certified engineer’s estimate detailing the required work and costs.
As expected, Sharma—though he had participated during the complaint stage—did not respond to the notice served in the execution application. He had nothing to offer. Yet the Commission is duty-bound to provide an opportunity, as a cardinal principle of justice is: “No man shall be condemned unheard.” We did so and eventually decided to proceed ex-parte against him. However, we did consider his reply and submissions from the complaint stage—that is the essence of justice.
Our judgment acknowledged that Khan had paid 87% of the flat’s value and had waited years. We granted her permission to complete the flat, directing her to retain all bills for expenses incurred. She was given full legal and physical possession and allowed to present this order to relevant authorities to secure water,
electricity, gas, and other utility connections. She could also apply for Completion and Occupancy Certificates. The flat would be treated as her legal address for official documents such as a ration card, voter ID, driving license, and
bank account.
Thus, her execution application was allowed. We also added that, if necessary, she could initiate fresh proceedings for any further relief.
(If you have any questions,
comments, or if you are a
consumer seeking
assistance, please feel free to
email me at danjog@yahoo.com)
