BADRODDIN AMID AGA Vs. REHANA SALAUDDIN SHAIKH

JUDGEMENT

(1.) THE appeal was taken up for admission. We heard Ld Adv Shri A. Monteiro for the appellant and Ld Adv Shri R J Pinto for the respondent for some time. Records and proceedings of the trial forum were called for and perused.

(2.) THE appellant is the original opposite party; he assails the order dated 22 -07 -2008 passed by the Consumer Disputes Redressal Forum (District Forum) North Goa in Consumer Complaint no.96/2004 whereby he was directed to hand over vacant possession of the suit shop alongwith NOC from PDA and other statutory NOC s to the complainant or alternatively to pay the costs of the shop being Rs.2,60,000/ - alongwith interest @ 18% p.a. from the date of payments. Cost of Rs.30,000/ - was also awarded. The respondent is the complainant.

(3.) BRIEFLY , the complainant s case is that she entered into an agreement with the opposite party for purchase of shop no. BG -1 in the building Mariam Apartment at Ponda for a consideration of Rs.2,60,000/ - out of which a sum of Rs.40,000/ - was paid on signing of the presents. The deed of sale was executed on 20 -12 -2002 and presented to the Sub -Registrar of Ponda on which date the balance amount of Rs.2,20,000/ - was paid. However, the opposite party failed to hand over vacant possession of the shop inspite of repeated requests. The complainant issued a letter dated 29 -05 -2003 to the opposite party to hand over possession but he failed and neglected to do so. Registration of the sale deed was kept pending by the Sub -Registrar on account of non -production of the NOC of the PDA required to be obtained by the opposite party. The legal notice issued by the complainant on 10 -08 -2004 was returned unclaimed. The complainant had purchased the shop by obtaining a loan from a local co -operative society but she had defaulted in re -payment of the loan as she was unable to commence any activities in the said shop. The co -operative society had initiated recovery proceedings against the complainant. The complainant prayed for a direction to the opposite party to deliver vacant possession of the shop with PDA NOC or alternatively to refund the cost price of Rs.2,60,000/ - and cost of sale deed amounting to Rs.30,000/ - alongwith compensation of Rs.1,50,000/ -.