IMPORTANT POINT
When complainant failed to perform his contractual obligation of making payment of balance amount and postponing payment on wholly untenable grounds, petitioners entitled in law not to perform his part of contract and deny possession of flat to him.

V.K. Jain, Presiding Member—Vide agreement dated 31-03-2010, the petitioner, owner of a plot bearing No.15 admeasuring 337 sq. mtr. at village Curti in Sub-District Ponda of District North Goa, agreed to sell one flat in the building which the petitioners were to construct on the aforesaid plot, to the respondent/complainant, for a total consideration of Rs.19,00,000/-. The said agreement to the extent it is relevant reads as under:

“1. That by this agreement the Vendors have agreed to sell to the purchaser the flat S-1 situated on the second floor of a built up area of 80.75 sq. meters which includes the incidence of the staircase, balcony and passage of the building known as ‘ARYAN COMPLEX’ more particularly described in the schedule herein below and also shown in the plan hereto annexed, together with the right to the undivided land occupied by the said flat as also the right to the common amenities annexed to the said building for the total consideration or price of Rs.19,00,000/- out of which amount the purchaser has paid a sum of Rs.1,00,000/- as and by way of earnest money and part of the price which amount the Vendor hereby admit of having received from the purchaser and give to the purchaser the necessary receipt and discharge of the same and the balance sum of Rs.18,00,000/- shall be paid within a period of one month from the signing of this agreement and on payment of the full amount due sale deed shall be executed in favour of the purchaser before the Sub-Registrar office of Ponda.

Failure to pay the above sum or sums as agreed by the purchaser the vendors shall give 30 days notice in writing to the purchaser requiring the purchaser to effect the payment within the above period with interest @15% p.a. failing which the agreement entered herein at the option of the Vendor without prejudice to the other rights and claims, come to an end and the allotment of the above mentioned flat of the purchaser shall be treated as cancelled forfeiting the earnest money and money paid at the time of executing this agreement and other installments if paid shall be refunded to the purchaser without any interest, and the purchaser shall have no right to the said flat or any part thereof and the Vendor/Developer shall be free to dispose off the same to any third party of his choice without the further say of the purchaser.

2. Upon possession of the said flat being delivered by the Vendors to the Purchaser, the Purchaser shall be entitled to get the deed of sale of the said flat duly executed in favour of the Purchaser at the cost and expense of the Purchaser. The Purchaser shall be free to inspect the work being carried on by the Vendor as also check the materials used at the time of the construction work, and thereafter on possession the Purchaser shall not claim against the Vendor in respect of any item or work in the said flat which may be alleged not to have been carried out or completed.

20. The Vendor herein state that the said plot wherein the present building is being erected is free from any and all encumbrances, charges, liens, burdens or any other responsibilities and therefore the Vendor hereby undertake to answer and to stand by the purchaser in case of any claims raised by any third parties.”

2. The complainant having paid only a sum of Rs.3,90,000/- to the petitioners, a notice dated 19-03-2012 was sent by the petitioner to the complainant through counsel. The said notice to the extent it is relevant reads as under:

“2. My client further states that as per the said agreement you had agreed to pay to my client an amount of Rs. 19,00,000/- as total consideration of the said flat and out of the said amount Rs.3,90,000/- was paid as earnest money towards the purchase of said flat to my client at the time of signing of the said agreement and further it was agreed that the balance shall be paid towards my client within one after receiving/issuing release letter from the banker of my client.

4. My client state