PRIMOS BUILDERS Vs. ANANT SHRIPAD KAMAT

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 3.7.2009 passed by the State Consumer Disputes Redressal Commission, Panaji, Goa (in short, 'the State Commission') in Appeal No. 39 of 2003 M/s. Primos Builders & Ors.Vs. Anant Shripad Kamat by which, while dismissing appeal, order of District Forum allowing complaint was upheld, but liability of OP No. 2 was shifted on OP No. 1.

(2.) Brief facts of the case are that Complainant/Respondent entered into an agreement with OP/petitioner for construction of flat at agreed price of Rs.2,08,000/- and possession was to be delivered on 31.12.1996. It was further submitted that complainant entered the flat on 23.08.1997 and found many defects and deficiencies and occupancy certificate was also not given to him. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that complainant did not make payment in time and there was delay in payment at every stage. It was further submitted that as amounts were not paid as per agreement, possession was not delivered to the complainant and possession in August was given only for performing Puja and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay interest @ 18% p.a. on Rs.1,73,000/- for the period from 1.1.1997 to 12.3.1997 and interest on Rs.2,04,000/- for a period from 13.3.1997 to 22.8.1997 subject to payment of Rs.4,000/- by complainant to OP. Appeal filed by OP was dismissed by learned State Commission vide impugned order and liability was fastened only on the petitioner as other partner was no more partner of the firm against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.