PRIMOS BUILDERS Vs. ANANT SHRIPAD KAMAT

JUDGEMENT

(1.) THIS appeal challenges judgment /order dated 9th June 2003 by the District Forum, North Goa, Porvorim, in Complaint No.118/1999. The challenging is only on the aspect of the grant of interest to the Respondent/original Complainant at 18% per annum on Rs.1,73,000/ - for the period 1/1/1997 to 12/3/1997 and on Rs.2,04,000/ - for the period 13/03/1997 to 22/08/1997.

(2.) THE present appellant was original Opposite Party and present Respondent was original Complainant and will be arraigned as such for convenience.

(3.) BROADLY , it is the case of the Complainant that he had entered into an agreement dated 09 -01 -1995 for construction of a flat for an agreed price of Rs.2,08,000/ -with the Opposite Party, who carry on business of Development and Construction. For the purpose of payment for the said flat to the Opposite Party builder, the Complainant had obtained a loan from the LIC Finance Corporation. Vide the said agreement, the possession of the said flat was agreed to be delivered by Opposite Party to the Complainant on 31 -12 -1996. The Complainant entered the flat on 23 -08 -1997 and on noting that the flat suffered from various defects/deficiencies, he filed a complaint praying for removal of the defects, to issue him the Occupancy Certificate and for interest on amounts paid by him for the delay in delivery of possession. We have perused the complaint, written version, affidavits and other documents on record. We note that the agreement between the Complainant and the Opposite Party is dated 09 -01 -1995. Vide this agreement, the flat was to be delivered to the Complainant on 31 -12 -1996. The Complainant entered the flat on 23 -08 -1997. When the complaint was initially filed, the Complainant had mentioned various deficiencies with regard to the said flat. These deficiencies were cleared during the pendency of the complaint and hence those prayers of the Complainant became redundant. Thus, the only issue that remained for determination was that of grant of interest to be paid on the amounts received by the Opposite Party. The District Forum vide order dated 09 -06 -2003 directed as under: