VENUGOPAL Vs. JOSEPH LEO NAIDU

JUDGEMENT

(1.) Shri Joseph Leo Naidu, since deceased, the original complainant booked flat No. 101, measuring 1215 sq.ft. on First Floor, at Nerul, with Sh. Venugopal, Proprietor of 'We Developers'-OP. The agreement was entered into between the parties on 24.02.2000. The complainant paid a sum of Rs.4,85,000/-. The remaining amount was payable at the time of taking possession after getting occupation certificate from the CIDCO. The total cost of the flat was fixed at Rs.6,07,500/- . The OP did not give the possession and as such the Consumer Complaint was filed.

(2.) The main defense set up by the OP was that the complainant had purchased this flat for re-sale. The complainant had already sold this flat No. 1 to one Mr. Puranik, who is an Estate Agent. All the receipts were issued in favour of Mr. Puranik and the said Mr. Puranik had cheated the OP for Rs.7,00,000/-. Mr. Puranik also purchased flat No. 1 for re-sale.

(3.) The District Forum allowed the complaint and directed the OP/Builder to refund an amount in the sum of Rs.4,85,000/- paid by the complainant to him, besides Rs.50,000/- as compensation and Rs.1,000/- as costs.