IMPORTANT POINT
Court can always take into consideration subsequent events and mould relief accordingly.

N.A. Britto, President— The Opposite Parties in Consumer Complaint No.20/2009 have filed this appeal and it is directed against order dated 20.6.2011 of the learned District Forum, North Goa at Porvorim.

2. The parties hereto, shall hereinafter be referred to, in the names as they appear in the cause title of the complaint.

3. The Complainants are husband and wife. Opposite Party No.1 is a Builder. Opposite Parties Nos. 2 to 4 are the co-owners of the property. By registered agreement dated 8.3.2007 the Opposite Parties agreed to sell to the Complainants a flat admeasuring 90 square mts., identified as flat No.F4, situated on the first floor of the building under construction in survey No.27/37B of village Guirim for a price of Rs.5,50,000. The Complainants paid a sum of Rs.20,000.

4. The balance payments were to be made in terms of clause 3 of the said agreement at different stages of construction and Rs.30,000 were to be paid at the time of handing over possession. In case there was default in making the payments, the Builder was to receive penal interest @ 20% p.a. for the defaulted periods. The possession of the flat was to be handed over by December, 2007.

5. The Complainants claiming that they had paid a .sum of Rs.8,87,000 as against Rs.5,50,000 and Rs.3,37,000 in excess under the guise of increased costs of construction, filed the complaint on said flat and for refund of Rs.3,37,000 and Rs.1,30,000 and rent @ Rs.2,500 per month till the possession of the flat was handed over to the Complainants.

6. The complaint was contested by the Opposite Parties inter alia stating that the Complainants had defaulted in making stagewise payments. The Opposite Parties had stated that they had obtained a loan from Deendayal Nagari Sahakari Path Saunstha Maryadit, Mapusa, Goa to construct the said building. According to them, they had received only Rs.5,20,000 and not Rs. 9,97,000. The Opposite Parties stated that vide their letter dated 30.7.07 they informed the Complainants that the work of the first floor slab was completed and requested them to make payment of Rs 2,00,000 but the Complainants failed to pay the said amount in spite of another reminder dated 29.8.2007. Opposite Parties stated that by letter dated 25.9.2007 they informed the Complainants that the work of laterite masonry and plaster was completed and called upon them to make a payment of Rs.1,00,000 and the Complainants failed to make the said payments. The Opposite Parties stated that vide their letter dated 15.10.07 they brought to the notice of the Complainants that due to increase in raw materials such as steel, cement, metal etc. it was not possible to complete the construction at the agreed price and called upon them to pay additional amount of Rs. 1,21,090 and the Complainants orally agreed to pay the said additional amount of Rs. 1,21,090 but again failed to act as per the agreement. The Opposite Parties stated that they completed the flat with their own money. Opposite Parties admitted that the flat was required to be handed over by December, 2007. The Opposite Parties agreed having received legal notice dated 3.10.08 from the Complainants but stated that they replied to the same stating that the agreement dated 8.3.2007 stood revoked for all legal purpose and they were .willing to refund the .amount of Rs. 5,20,000.

7. The learned District Forum by impugned order dated 20.6.2011 has directed the Opposite Parties to deliver the possession of the said flat by execution of the Sale Deed within a period of 45 days; and to pay to the Complainants a sum of Rs. 2,80,000 being the difference between 8,30,000 and Rs. 5,50,000 together with simple interest @ 12% p.a. from 31.3.2008. Complainants have also been awarded compensation and costs totalling to Rs. 25,000.

8. Since there was a dispute between the Complainants and the Opposite Parties as regards the payments made, the payments made by the Complainants to the Opposite Parties have been tabulated by the le