Boban John
GURUGRAM: The director of a realty firm was on Monday sent to civil prison for one month after failing to comply with a Haryana Real Estate Regulatory Authority (HRera) order in a refund case.
A “civil prison” refers to a jail or place used for the detention of a person who is not a criminal prisoner. Such cases involve failure to pay a debt or comply with a court order.
Ninaniya Estates Limited director Prateek Rao was arrested following an execution petition filed by decree holders seeking the enforcement of Rs 26,07,780 refund order issued by the regulator on Nov 15, 2023.
The regulator had earlier directed the firm directors — Prateek Rao and Rahul Kumar Pathak — to disclose their assets and bank details by Sept 3, 2024 through a sworn affidavit. However, they failed to comply, leading the court to issue arrest warrants under Order XXI Rule 41 (3) of the CPC.
Since the bailiff could not arrest the directors, police assistance was sought. Subsequently, Rao was taken into custody and produced in court by ASI Ram Pal of Kherki Dhaula police station and the bailiff.
During the hearing, Rao admitted to being a director of the realty firm but failed to justify why the affidavit was not submitted, except claiming he was unaware of the case.
Given the circumstances, the HRera sentenced him to one month in civil prison.
He has been sent to Bhondsi Jail and will be produced before the adjudicating officer on April 16, 2025.
The jail superintendent has been directed to submit a report regarding the diet money, which the decree holder must deposit.
Meanwhile, legal proceedings against co-director Rahul Kumar Pathak are pending, with further action expected, a senior HRera official said.
On March 11, TOI had reported that the Gurgaon bench of Haryana Rera has so far issued more than 500 arrest warrants against builders for contempt of its orders, but not a single arrest warrant has been executed.
