BEFORE THE GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANAJI-GOA In the matter in Consumer Complaint 15 of 2017.

Before: Adv. Smt. Varsha R. Bale, Officiating President Dr. Nagesh S. Colvalkar, Member Adv. Ms. Rachna A. M. Gonsalves, Member Shri Kavi Krishnarao Kulkarni, S-1, 2nd Floor, Kurtarkar Regency, opp. Raymonds, I.B.Road, Margao, Salcete, Goa 403601. .....Complainant V.

Shri P. Venuvardhan Reddy, .....Opposite Party-1 s/o Shri Venkar Reddy.

&

Smt. Srivani alias Kavita Reddy, .....Opposite Party-2 both above residents of Flat no. B-6, Shubha Residency, Fatorda, Salcete, Goa.

S. B. Developers, Shop no. G-4, Building B, Nalanda Apartments, nr Rawanfond Circle, Margao, Goa. .....Opposite Party-3 through its partners... Shri Bhaskar Begari.

s/o Shri Narasappa Begari, House no. 174, nr. Ganpati Temple, Aquem-Baixo, Navelim, Salcete, Goa. ....Opposite Party-3A Shri K. Ramanjaneyulu.

s/o Shri Mallappa Karidiguddam, Flat no. FF-1, 1st Floor, Kruthika Residency, Aquem-Baixo, Navelim, Salcete, Goa. ....Opposite Party-3B  Advocate Shri Ganesh R. Naik present for Complainant.

 Advocate Shri S. Shirodkar present for Opposite Parties-1&2.

 Other Opposite Parties absent.

DATE: 15/09/2023 JUDGMENT [per Adv. Ms. Rachna Anna Maria Gonsalves, Member]

1. This Judgment and Order shall dispose off Complaint No. CC/15/2017 filed by the Complainant before this Commission.

2. The case of the Complainant is herein mentioned below: i. That within the limits of the village Panchayat of Davorlim, there exists a larger property known as “URDANCHI XIRA” and that the larger property was divided into several independent plots identified under Nos. 1 to 6 and that by way of agreement dated 25/01/2012 the Opposite Party undertook and constructed row bungalows in the Plot No.1 surveyed under No. 3/7-E-1 of Davorlim village. Additionally by way of Agreement of Sale entered between the Complainant and the Opposite Parties duly registered before the Sub-Registrar at No. MGO-BKI-02955-2016 CD No. MGOD 93 on 23/06/2016, the Complainant had agreed to purchase one of the row bungalows (Row Bungalow No. 2) bearing H. No. 60-1/(RH-2).

ii. That the booking amount cum part payment towards the same was paid before Execution of the Agreement of Sale (without possession at that time) by way of cheque dated 19/06/2016 bearing No. 672613 drawn on Syndicate Bank, Margao along with additional amount paid in cash, receipt as alleged by the Complainant was not given by the Opposite Party No. 1 and 2 but agreed to be set-off, the same towards the total consideration.

iii. The Complainant in his complaint stated that the Complainant began making financial arrangements, including sanction of bank loans and alleged that the bank official on hearing the name i.e. Bhaskar Begari were reluctant to entertain the Complainant and informed that the said Bhaskar Begari is absconding and a history sheeter in several fraudulent financial transactions involving banks and referred the property documents to his legal advisor for opinion on the clear title of the property and upon receiving and perusing the report prepared by the Legal Advisor of the Complainant, it was observed that the Legal Advisor was circumspect regarding the title of the property with respect to the Irrevocable Power of Attorney dated 05/11/2012 and that the validity of the Irrevocable Power of Attorney was questioned in the said report. The Complainant stated that, on a personal level the Complainant had carried out further investigation and it was confirmed by the Complainant, that one of the parties to the Agreement of Sale, viz. Mr. Bhaskar Begari, was wanted by several individuals and banks pending judicial proceedings for cheating.

iv. It is further stated by Complainant that the super built up area was less than as promised and agreed to be sold by the Agreement of sale i.e. it was 135 square meters in the agreement while the actual super built up area was 120 square meters and this facts was immediately communicated