WILBUR FREDERICK SOUZA TICLO Vs. DOROTHY PEARSON

JUDGEMENT

(1.) The challenge in this appeal is the order of the District Forum, North Goa, dated 18.10.1999, in Complaint No.187/1999, whereby the respondent's complaint was partly allowed. By the aforesaid order the appellant was directed to give to the respondent the Occupancy Certificate, Electricity Test Report and the Plumber Certificate within seven days from the date of the receipt of the order so as to enable the respondent to obtain electricity and water connections to her flat. A further direction was made to the appellant to furnish the requisite flat to the extent of Rs.65,000/- within 15 days from the receipt of the order, failing which the said amount would carry interest @ 18% per annum.

(2.) The complaint was lodged by the respondent on the ground that by an Agreement, dated 9th February, 1994, signed by her and her friend, one Mr. Joseph A. D'souza, resident of London, it was agreed to purchase from the appellant a flat bearing No. AG-5 in the Project named "glenwil Residency", located at Candolim, for a consideration of Rs.2,92,000/- which amount was fully paid. Thereupon, a further sum of Rs.65,000/- was also paid on 16.8.1993 to the appellant for the purpose of furnishing the flat with beds, tables and chairs, which the appellant did not furnish till the filing of the complaint. The flat had to be delivered by 1.4.1995. However, possession of the flat was given by the appellant only in the month of December, 1996, without provision of water and regular electricity connections. The appellant denied that possession of the flat had been even given to the respondent since she has failed to pay to him the amount of Rs.54,475/- still due for the extra work done at her request. So far the electricity and water connections, it was his case that the same had to be secured by the respondent herself. With regard to the furnishing of the flat, it was stated that he had done it on her behalf and the bills have been passed to her. Further, he had also supplied to the respondent the Test Electricity Report and the Plumber Certificate as well as the Occupancy Certificate to enable the respondent to obtain the necessary connections.

(3.) We have gone through the records and considered the submissions of both the learned Counsel. We are, however, of the view that the perusal of the impugned order reveals non-application of mind on the part of the learned Forum which seems to have grossly overlooked the available evidence on record.