MRS DELPHINE MENEZES PANAJI GOA Vs. VINAY RAYKAR

JUDGEMENT

(1.) -This is an appeal against the order of 26th of March, 1992 passed by the Goa State Consumer Disputes Redressal Commission in Complaint No. 16 of 1991. By this order the State Commission had directed the Appellant-Opposite Party to pay interest on the amount of Rs. 1.80 lakhs from 14-4-1990 till the date of possession and that the Complainant before the State Commission should be given a flat within a specified period.

(2.) The parties to the dispute had come to an agreement on 12th February, 1990 whereby the Respondent Complainant had agreed to purchase an apartment constructed by the Appellant for Rs. 3.60 lakhs. Out of this, a sum of Rs. 1.00 lakh was paid to the Appellant on the execution of agreement on 12-2-90 and the balance was payable at the time of delivery of the possession. The possession of flat was to be given not later than two months from the date of signing of the agreement i.e. by 12-4-90. It was also provided that if the building was not completed so as to be ready for use and occupation within the aforesaid stipulated period due to unforeseen circumstances, the builder would be entitled for an extension of three months to complete the same. The Respondent further paid a sum of Rs. 1.80 lakhs on 14-4-1990.

(3.) At the hearing we were informed by the Counsel for the Appellant that the possession of the flat has been given to the Respondent Complainant.