MURLI MENON Vs. BAPSY THOMAS

JUDGEMENT

(1.) THIS appeal is filed by the Opposite Parties in C.C. No.5/2011 and is directed against order dated 25/04/2014 of the North Goa District Forum, by which the consumer complaint filed on 17/01/2011 is partly allowed.

(2.) SOME facts are required to be stated to dispose off this appeal.

(3.) THE record, shows that the Complainant and the OPs entered into an agreement on 21/10/2008 styled as 'an agreement for construction cum sale' by which the OPs, as builders, agreed to construct for the Complainants, a flat identified as FF 2 admeasuring 54.11 sq.mts. of built up area in a building to be constructed by them to be known as "Symphony" in a plot of land admeasuring 284 sq. mts. in Chalta no.1 of P.T. Sheet No.140 at Mapusa. Complainants were to pay to the OPs a sum of Rs.11,05,000/ -, as per the schedule to the said agreement. The possession was to be delivered to the Complainant on or before March '09. The Complainant paid a sum of Rs.2,40,000/ - by cheque dated 1/09/2008 and another sum of Rs.2,00,000/ - by cheque dated 1/10/2008 and that was as per the said Schedule i.e. Rs.2,40,000/ - on booking of the flat and Rs.2,00,000/ - on completion of plinth. The agreement also stipulated that if for reasons, other than stipulated in the agreement, the OPs were not able to deliver the possession of the flat, the Complainants were entitled to give a notice to the OPs terminating the agreement in which event the OPs, within 4 weeks, were to pay to the Complainants the amounts received in respect of the said flat at 12% interest p.a. from the date of receipt of payment.