N.A.SANDRA, CAROLINE COLLASSO, VAZ E CORREIA
Ajaraji S. Galgali – Appellant
Versus
Supreme Constructions – Respondent
Ms. Caroline Collasso, Member—By an agreement dated 7.9.1995, Opposite party, a builder was to construct flat No. G-2, on ground floor, Block-B, in building by name ‘Austin Plaza’ at Panaji. Total consideration for the flat was Rs. 8,22,000 plus an additional amount of Rs. 1,00,000 was for ‘special amenities’. Possession in normal course was to be given by 31.12.1996, though there was a grace period of six months ending on 30.6.1997. If possession was not given by this date the Opposite Party was liable to pay a penalty of Rs. 3,000 per month till flat was handed over complete in all respects. Needless to say the flat was not handed over by the extended date of 30.6.1997 despite Complainant by then had paid an amount of Rs. 8,93,000. Even when on 9.3.1998 the Opposite Party had informed that the flat was ready, Complainant had noticed that the ground floor balcony had not been approved by the Panaji Municipal Council as well as North Goa Planning & Development Authority. After repeated letters by the Complainant seeking clarification on the issue, the Opposite Party vide letter dated 14.5.1998 replied inter alia that there was no need for official confirmation from Panaji Muni
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