IMPORTANT POINT
Builder cannot harass buyer after receiving money from him.

Usha S. Thakare, Presiding Judicial Member—Complainant, Mr. Carlos Felix Barretto and his wife Rita Barretto have filed the present consumer complaint against opposite party Shetty Coastal Development Pvt. Ltd. by alleging that the opposite party failed to deliver possession of the flat as per the agreement and further failed to refund money with interest and thereby caused loss and hardship to the complainants by adopting unfair trade practice. They are guilty of deficient service through gross negligent acts.

2. According to the complainants, they had booked two flats with the opposite party. Flat No.8 out of building No.6, area 577 sq. ft. was booked for consideration of Rs.3,30,775. Flat No.4 out of building No.6, area 530 sq. ft. was booked for the consideration of Rs.3,04,750. The complainants had paid an amount of Rs.2,50,250 to the opposite party towards part payment of the flat No.8. The opposite party agreed to handover possession of flat on 13.2.1997.

The complainants had paid an amount of Rs.2,00,000 for flat no.4 to the opposite party towards part payment and the opposite party agreed to handover possession of the flat on 22.3.1997. Two separate agreements were executed as per terms agreed between the parties. Location of both the flats is at Little Baga Holiday Home, Gao. The complainants were expected that those flats would be ready by 13.2.1997 and 22.3.1997 as per agreement. However, till September 1997, delivery of possession of the flats was not given. The complainant No.1 informed the opposite party about the delay in constructing the flats. The complainant No.1 also informed about failure of his both kidneys and he is required to undertake regular dialysis due to failure of kidneys. Regular dialysis involved heavy expenditure. Therefore, he informed the opposite party that he would take only one flat i.e. flat no.8 admeasuring 577 sq. ft. and he had requested for cancellation of booking of other flat i.e. flat No.4. The complainant No.1 requested for refund of amount paid for the flat No.4 and refund of an excess amount paid for the flat No.8. He further requested to the opposite party to handover the flat No.8 by October 1997 as promised by him in January 1997. The complainant issued a letter dated 2.9.1997 as there was no response to said letter and also to the personal visits and telephonic calls of the complainants. The complainant No.1 vide letter dated 30.1.1998 again reiterated his demands of cancellation of flat No.4 and refund of amount. The complainant also reminded about his kidney problem and about incurring heavy expenses. He narrated urgency or refund of money. One more letter was sent by the complainant No.1 to the opposite party on 25.5.1998 for claiming possession and refund of amount, but of no use. When there was no response from the opposite party, the complainants sent a legal notice dated 25.12.1998 to the opposite party whereby they informed the opposite party, their decision for cancellation of second flat on account of long delay and called upon the opposite party to refund the entire amount with interest @25% p.a. thereon within one month. It is warned by said notice that in any event of failure to pay the amount with interest, the complainants would file suitable claim for claiming compensation for the financial loss as well as hardship and mental torture. Since the opposite party failed and neglected to respond the legal notice, the complainants have filed the present consumer complaint. It is alleged by the complainants that the opposite party failed and neglected to complete the construction and handover possession of two flats as promised. Therefore, the complainants were constrained to cancel booking of second flat and demanded refund of amount paid for the same. As per the agreement, the opposite party is liable to refund the entire amount alongwith interest @10% p.a. thereon as the construction is not completed within stipulated time. The opposite party is guilty of a