ASIATIC ESTATE DEVELOPMENTS Vs. SHAMSUNDER PALIYENKAR

JUDGEMENT

(1.) It is the say of Shri Shamsunder Paliyenkar that opposite party Nos. 1, 2 and 3 before the District Forum had agreed to sell the flat No. S 12 on the second floor of Evergreen Apartments situated at Khorlim, Goa to him. He was required to pay a sum of Rs. 1,84,000 on handing over the possession of the flat after obtaining necessary occupancy certificate from the opposite party No. 4 before the District Forum i.e. Mapusa Municipal Council. Though the complainant paid the entire amount by raising loan through financial institutions and also by private borrowings, the opposite party Nos. 1, 2 and 3 did not offer possession till the date of the complaint. Though the opposite party Nos. 1, 2 and 3 were supposed to hand over the possession of the flat on 31.7.1991 they did not do so nor OP No. 4 - Municipality grant the occupancy certificate. He brought to the notice of the opposite party Nos. 1, 2 and 3 that due to defects in the construction and faulty design, the building is bound to collapse one day or the other and therefore is unsafe for human habitation and, therefore, he claimed in total Rs. 4,85,000 . It was contended by the opposite party Nos. 1 to 3 that the complainant ordered changes in the said flat from time-to-time and the flat was actually delivered on 28th April, 1993 and the complainant was already residing in the said flat. Further, the complainant was in default in making payment of instalments in time and there was no faulty design in the building.

(2.) The District Forum held that the possession has not been given to the complainant as per clause 6 of the agreement. Accordingly the District Forum directed to provide alternate premises within one month from the date of its order or in the alternative the opposite party Nos. 1 to 3 shall pay Rs. 4,85,000 to the complainant with interest @ 18% per annum from 31.7.1991 till realisation of the amount.

(3.) Aggrieved by the order of the District Forum, Asiatic Estate Developments filed an appeal before the Goa State Consumer Disputes Redressal Commission. The State Commission ordered that alternate premises of the similar dimensions and in the same locality may be given to the complainant along with 18% interest per annum on the amount of Rs. 1,84,000 paid by him in instalments from 1.8.1991 i.e. the date on which they were required to deliver possession of the flat till its actual realisation towards compensation for the loss and mental anxiety. Alternatively, the appellant shall pay the amount corresponding to three times the amount paid by the respondent towards the price of the flat i.e. a sum of Rs. 5,52,000 and such payment be made within 30 days from the receipt of this order failing which the same will carry interest @ 18% per annum till its full realization. It also imposed a cost of Rs. 2,000.