RUPINDER KAUR Vs. MARTINS DEVELOPERS

JUDGEMENT

(1.) This Consumer Complaint has been filed under Sec. 21 of the Consumer Protection Act, 1986 (in short, 'the Act') alleging deficiency in services, unfair trade practices and unethical conduct by the opposite parties in respect of flat nos. G 401 and G 402 booked by the complainants with the opposite parties in their project named 'Martins Palm Fringe', at Taleigao, Tiswadi, Goa. This order will also dispose of CC no.529 of 2018 filed through General Power of Attorney. As the grievances raised and relief sought are fairly similar and pertain to the same project, it is proposed to dispose both the Consumer Complainants by a common order. For the sake of convenience CC no. 811 of 2020 is taken as the lead case.

(2.) Opposite party contested the complaint by way of rejoinder/ written version. Parties led their evidence and filed their affidavits in support. Both the sides filed brief synopsis of their respective arguments. We have heard the learned counsel for both the parties and have given our thoughtful consideration to the material on record.

(3.) The relevant facts of the case, in brief, are that the complainants booked two flats along with parking slots along with terrace on top of Flat no. G 401 with the opposite parties in the project mentioned above with the intention to combine the same for personal use for a total sale consideration of Rs.2,43,639.00 comprising of basic sale price of Rs.67,07,480.00 (Rs.64,67,520.00 in respect of G 402) with Rs.1,75,000.00 each towards parking slots apart from other dues towards taxes, maintenance, legal fees etc. Following the booking on 11/1/2012, an Agreement for Sale was issued separately for two flats as per which possession was projected to be delivered on 31/7/2013.