GAMA BUILDERS Vs. ANTHONY GABRIEL DSOUZA

JUDGEMENT

(1.) This appeal is filed by the appellant builder against the order passed by the District Consumer Disputes Redressal Forum, North Goa in Complaint No.244/98 dated 7.2.2000 allowing the complaint of the respondents to refund the consideration amount of Rs 3,05,000/- with interest at the rate of 18 per cent per annum and compensation of Rs.5,000/- for mental torture and agony and to pay cost of Rs.1,000/-.

(2.) For convenience sake the appellant is referred to as the builder opposite party and the respondent as complainants hereinafter.

(3.) Briefly stated the facts of the case giving rise to the present appeal are that complainant No.1 entered into Agreement of Sale dated 22.9.1995 with the opposite party builder which was registered. Subsequently, the complainant executed Agreement of Rectification of Sale Deed dated 25.5.1996 whereby complainants offered to purchase flat bearing No. C-52 situated on the second floor of Block C of the building known as Gama Pinto Residency to be erected in the property bearing Chalta No.38 of P. T. No.149 for a consideration of Rs.4,65,000/-. The complainants paid to the opposite party Rs.3,05,000/- under receipt. Complainants issued notice to the opposite party to cancel the Agreement for Sale and rectification of the Sale Deed for inability to make payments of further instalments. The opposite party also failed to deliver the possession of the flat within 18 months from the date of execution of the agreement. Subsequently, the present complaint has been filed claiming refund of the consideration amount.