OLVY ALBERT Vs. GIRDHARLAL MOHANLAL GANGANI

JUDGEMENT

(1.) THESE two appeals have been filed by the complainants and OP No.1 respectively in CC No. 99/2005 and are directed against order dated 14.6.2011 of the Learned District Forum, North Goa.

(2.) SOME facts are required to be stated to dispose off both the appeals and for that the parties to the appeals shall be referred to in the names as they appear in the cause title of the complaint.

(3.) THE OP No.1 is a builder and shall herein after be referred to as such. The Complainants entered into an agreement with the builder on 16.4.1998. By virtue of this agreement the builder was to provide to the complainants a flat admeasuring 90 sq mtrs in his building complex known as Jay -Kamal Complex which was being constructed in survey No.111/4 of village Penha de France. The Complainants paid to the builder a sum of Rs.5,50,000 towards the purchase price and the builder issued a receipt on the same day for the said amount and also executed an undertaking in favour of the complainants stating that the builder would compensate the complainants in the sum of Rs.5,000 per month in case the builder failed to deliver the premises within the stipulated time. The agreement stipulated that the flat would be delivered to the complainants within a period of 6 months. The agreement dated 16.4.1998 by virtue of clause 7 gave an option to the purchaser i.e. to say the complainants that in case the builder was unable to complete the construction and deliver possession within the said period of 6 months, the complainants could exercise the option to cancel the agreement and to demand immediate refund of all the monies paid to the builder and in such an event, the builder was to refund to the purchasers i.e. the complainants the monies received without interest, within 60 days of the receipt of the notice in writing in that behalf from the purchaser; and in default of payment within the said period of 60 days the builder was to pay interest at the rate of 24%. The said agreement was entered into by the complainants through their attorney one Shri John F. Fernandes. The complainants sent a letter dated 2.4.2005 calling upon the builder to inform the attorney, so as to inform his principals namely his sister and brother -in -law i.e. the complainants as to when he intended to give the possession. This letter was followed by letter dated 6.4.2005 and then by letter dated 9.6.2005. The complaint was filed thereafter on or about 30.4.2005.