SUPREME CONSTRUCTIONS Vs. JOSE ALEIXCO PROENCA

JUDGEMENT

(1.) The order of the State Consumer Disputes Redressal Commission, Goa, directing to pay interest @15% p.a. on the award of damages, that is, rent @ Rs. 8,000 per month for the alleged period of delay in handing over the possession of the flat is patently erroneous.

(2.) It was the case of the complainant that they had entered into an agreement with M/s. Supreme Constructions, opposite party (hereinafter referred to as OP), on 19.4.1995 to construct flat Nos. F-2 and S-2 on the First Floor and Ground Floor of Block-A, in the building by name Austin Plaza at Panaji. Total price for the flat was Rs.16 lakh, out of which Rs. 25,000 was towards car park. Possession was to be given by 31.12.1996 by which time last instalment of Rs.1 lakh was to be paid. Grace period for handing over the possession ended on 30.6.1997. In the event possession was not given by that time, the OP was liable to pay a penalty of Rs. 8,000 per month till the flat was handed over. Despite payment of Rs. 15,50,000, the flat was not handed-over even by 30.6.1997. For provision of separate sump and overhead tank motor, the OP sent a bill for Rs.1,46,000 on 14.1.1998 which was disputed by the complainants, hence it was reduced to Rs. 1,25,000. Hence, the complainants asked the OP to adjust this amount towards the rent payable @ Rs. 8,000 per month towards delayed possession. The OP through its letter dated 8.3.98 stated that the Government of Goa had imposed Infrastructure Tax of Rs.1,35,802 out of which share of the complainants was Rs. 25,802. The complainants Architect Mr. Kundan Prabhu estimated the cost of the separate sump, overhead tank and motor, at Rs. 29,000 and not Rs. 1,25,000.

(3.) As the dispute was not resolved, a complaint was filed before the State Commission in May, 1999 praying for the following reliefs: