BEFORE THE GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANAJI-GOA In the matter in Consumer Complaint 08 of 2019.

Before: Adv. Mrs. Varsha R. Bale, Officiating President Adv. Ms. Rachna Anna Maria Gonsalves, Member Dhanashree Village Co-operative Housing Society, With office at Merces, Vaddem, Vasco-da-Gama, Goa, herein represented by its Secretary, Shri Anand Gaonkar, Resident of CF-1, First Floor, Dhanashree Elite, Merces, Vaddem, Vasco-Da-Gama, Goa. …..Complainant V.

Dhanashree Estate Pvt. Ltd., Sapana Terraces, So-14, 2nd floor, Swatantra Path, Vasco-da-Gama, Represented by its Managing Director, Shri Pradeep Jaysinghrao Pawar (Respondent No. 2 herein) …Opposite Party-1 Shri. Pradeep Jaysinghrao Pawar, Managing Director of Dhanashree Estate Pvt. Ltd., R/o Yash Building, 1st floor, Behind Chicalim Cottage Hospital, Chicalim. …Opposite Party-2 Shri. Mahadev Narendra Kamat, Director of Dhanashree Estate Pvt. Ltd., R/o L-13/140, Ranghavi Estate Naval Compound Wall, Issorcim 403806. …Opposite Party-3 Mr. Mahendra Mohan Khandeparkar, Director of Dhanashree Estate Pvt. Ltd., R/o Jui Bunglow, Near Ravi Naik’s House, Khadpabandh, Ponda, Goa. …Opposite Party-4 Shri. Shantanu Narayan Dessai, Director of Dhanashree Estate Pvt. Ltd., R/o 7/2, Alto Chicalim, Chicalim 403711. …Opposite Party-5 Shri. Dilip Keshav Kamat, Director of Dhanashree Estate Pvt. Ltd., R/o S1, Yash Housing Co-operative Society, Behind Cottage Hospital Chicalim, Chicalim, Goa, 403711. .…Opposite Party-6 Adv. Shri. N.G. Kamat present for Complainant.

Adv. Shri . S. Rao present for Opposite Parties.

DATE: 26 /08 /2024 JUDGEMENT [per Adv. Ms. Rachna Anna Maria Gonsalves, Member]

1. This Judgment and Order shall finally dispose off complaint filed by the Complainant under Section 12 of Consumer Protection Act 1986.

2. The brief facts.

A. The Contention of the Complainant is herein mentioned below:-

a) That the Complainant is the registered housing society duly registered with Registrar of Co-operative Society, South Zone, Margao, Goa, under Registered No. HSG-(B)- 899/ South Goa/2013 with offices at Merces, Vaddem, Vasco-da-Gama, 403806, represented by its Secretary, Shri Anand Gaonkar, Resident of CF-1, First floor, Dhanashree Elite, Merces, Vaddem, Vasco-da-Gama, Goa, in terms of resolution dated 27/03/2017. Also that Opposite Party-1, is a company formed and registered under the Companies Act of 1956 and having Pan Card No. AAA CD 8916B and is involved in the business of development and constructions and that Opposite Parties-2 to 6 are its Directors directly involved in handling business of Opposite Party-1.

b) That one such construction project undertaken by the Complainant is in property admeasuring an area of 4842.50 sq metres and surveyed under chalta no. 14 and 49 of PT sheet nos. 127 and 125 of Vasco city survey and that the said project consisting of three buildings viz. Dhanashree Marvel, Dhanashree Classic and Dhanashree Elite has been duly completed.

c) Further that all the premises have been agreed to be sold to different individuals in the said three buildings, and one of the clause in the said agreements was for formation of the Housing Society and Transferring the land admeasuring an area of 4842.50 sq meters, in an around the said buildings and surveyed under chalta nos. 14 and 49 of Vasco city survey in the name of Housing Society so formed.

d) Further that the Housing Society was formed in terms of the clauses of the respective agreements of the prospective purchasers of the flats, premises in the said three buildings, the Opposite Party-1 alongwith occupants/prospective buyers of premises in the said three buildings and Rs.15,000/- was the amount contributed by the occupants of Dhanashree Elite, per head, at the time of signing their respective agreement in order to form the housing society.

e) As stated by the Complainant that, in terms of agreement signed by members of Complainant and Opposite Party-1 with respect to their respective flats an underta