M/S. GOOD LUCK DEVELOPERS Vs. VIGNESH SHANBHAG

JUDGEMENT

(1.) This revision is directed against the order of the State Commission Goa dated 02.09.2016 passed in Appeal No. 07 of 2016.

(2.) Briefly stated, the facts relevant for the disposal of the revision petition are that complainant filed a consumer complaint against the petitioner opposite party alleging that he alongwith his mother had entered into an agreement for purchase of an apartment in the development project 'Kadamba Arcade' situated at Madel Margao, Goa. The petitioner opposite party after completing the construction delivered possession of the apartment to the complainant in November 2012. Sale deed in favour of the complainant was executed on 21.01.2013.

(3.) It is the case of the complainant that during monsoon season in July 2013, the complainant noticed seepage in the walls of his apartment. The said defect became more apparent during heavy rainfall in the month of June when huge amount of water seeped in through the walls of the apartment resulting in damage to false ceiling and the wooden cupboard installed by the complainant. When the defect was brought to the notice of the opposite party, the opposite party issued a cheque of Rs.30,000/- in favour of the complainant for meeting the expenses of repairs as also the compensation for the damage caused to the complainant. The said cheque dated 02.04.2013 on presentation was dishonoured due to insufficient funds in the account of the petitioner opposite party.