R.P.SETHI, S.SAGHIR AHMAD
France B. Martins – Appellant
Versus
Mafalda Maria Teresa Rodrigues – Respondent
Judgment
Sethi, J.-The appellants, promoters/developers of Perpetual Apartments, agreed to seel a flat in the name of minor daughter of the respondent. According to the Agreement between the parties, the price of the flat being Rs. 2,10,000/- was to be paid on or before September, 1985. The possession of the flat is stated to have been delivered to the respondent in September, 1985 on payment of the whole of the agreed amount. Despite various requests made, the appellant did not execute the sale deed in false pretexts. In the absence of the sale deed, the respondent-complainant could not efficaciously enjoy the property for which she is stated to have paid the price. It was submitted that as the construction of the flat was sub-standard, the respondent-complainant had to incur an expense of Rs. 26,000/- for immediate repairs. Her petition, filed on 19.6.1992 was dismissed by the Consumer Disputes Redressal Forum, Goa (hereinafter referred to as “the District Forum”) on the ground of limitation vide order dated 19.10.1992. The appeal preferred by the respondent was accepted by the Goa State Consumer Disputes Redressal Commission (hereinafter referred to as “the State Commission”)
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