Prescon Realtors & Infrastructures Pvt. Ltd. VS Cynthia A. D’Souza

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUBHASH CHANDRA, SADHNA SHANKER
Prescon Realtors & Infrastructures Pvt. Ltd. – Appellant
Versus
Cynthia A. D’Souza – Respondent

Advocates:
Counsel for the Parties:
For the Appellants:Mr. Nihant Panicker, Advocate
For the Respondent:Mr. Shrey Yadav, Advocate with Mr. Mayank Yadav, Advocate with Mr. Angelo D’SOUZA, in Person

ORDER

Dr. Sadhna Shanker, Member.—The present appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”) in challenge to the order dated 31.07.2019 passed by the State Consumer Dispute Redressal Commission, Maharashtra (hereinafter referred to as the “State Commission”) in Complaint No. 557 of 2015 whereby the complaint was partly allowed.

2. We have heard the learned counsel for the appellants (hereinafter referred to as the ‘builder’) and the learned counsel for the respondent (hereinafter referred to as the ‘complainant’) and have perused the record including inter alia the impugned order dated 31.07.2019 and the memorandum of appeal.

3. The facts, in brief, are that the complainant purchased a flat bearing No. 304, admeasuring 870 sq.ft. carpet area, on the 3rd Floor of the building No.18 of Hill View in the Prestige Residency Complex for a total consideration of Rs.58,78,485/- from the builder and the builder had executed an agreement on 17.12.2012 in favour of complainant. It is alleged that as per agreement, possession of the flat was to be given on or before December, 2014. The builder, vide its letter dated 09.01.2013, demanded an amo