ROHIT ANAND Vs. AKASH CONSTRUCTION

JUDGEMENT

(1.) Appellants/Complainants have preferred present appeal against impugned order dated 12.4.2012, passed by Goa State Consumer Disputes Redressal Commission, Panaji (for short, State Commission') in Consumer Complaint No.11/2010.

(2.) As per appellants' case they entered into an agreement dated 10.8.2007 for construction and sale with Respondents No.1 and 2/Opposite Parties No.1 and 2. By virtue of this agreement respondents no.1 and 2 were to construct for appellants, bungalow or a villa B-3 admeasuring 140 sq. mtr. which was to be sold alngwith plot admeasuring 170 sq. mts. As per the agreement, there was no fixed date for completion of the bungalow. The stages for payment are set out in Scheduled II of the agreement and respondents received from the appellants a sum of Rs.12,25,000/- till the 5th stage, i.e. of the commencement of plastering work plus a sum of Rs.50,000/-, which appellants paid on account of conversion of the bungalow from two bedroom to three bedroom unit. The total consideration was Rs.18,70,000/-. Respondent no.2 has promised that construction will be done as per schedule. Therefore, appellants closed their business in New Delhi and reached Goa on 6.4.2008. Later on, they visited the villa but found that not even 50% of the construction work has been completed.

(3.) On 24.1.2009, respondent no.2 asked for further instalment and threatened appellants if the same are not paid, no further construction work will be done. Since, villa has not been completed by June, 2008 as per assurance given by the respondents no.1 & 2, appellants gave them notice. However, till date the villa is incomplete. Hence, appellants filed complaint praying for following reliefs;