DR.S.M.KANTIKAR, MEMBER, J. - (1.)The instant Appeal is preferred under Sec. 19 of the Consumer Protection Act, 1986 against the impugned Order dtd. 3/2/2020, passed by the Goa State Consumer Disputes Redressal Commission (hereinafter referred to as the "State Commission"), wherein the complaint was partly allowed and the Appellant was directed to execute the sale deed, pay to Respondent a sum of Rs.2,05,000.00 and Rs.25,000.00 towards costs to the Respondent.
(2.)For the convenience, the Parties would be referred to the positions they held in the Consumer Complaint No. 28 of 2018 before the State Commission.
(3.)Brief facts are that on 3/5/2007, an Agreement was entered into between the Complainant and D. S. Naik Associates (hereinafter referred to as the "Opposite Party") to construct Bungalow No. A-14 measuring about 151 sq. mtrs at village St. Jose de Areal, Salcete, Goa. Accordingly, the Complainant paid Rs.10,00,000.00 as consideration. This Agreement was notarized but not registered before the Sub-Registrar. The Opposite Party handed over possession of the bungalow on 10/6/2013 and Occupancy Certificate on 16/8/2016. As per Clause 26 of the Agreement, the Opposite Party was to form a Co-operative Society and collected an amount of Rs.75,000.00 from the Complainant, but despite several requests, the Opposite Party failed to register Co-operative Society, and also did not enroll the Complainant as a Member or executed independent Deed of Sale. On 20/3/2018, the Complainant, residing in USA, came to Goa and found that the Opposite Party had executed few individual Sale Deeds in respect of some Purchasers but not for the Complainant. Therefore, the Complainant got drafted a Sale Deed and paid a stamp duty of Rs.1,05,000.00 on the Sub-Registrar valued for Rs.35,00,000.00. The Opposite Party, on 4/4/2018, though had initially agreed to execute the Deed of Sale, but demanded a further amount of Rs.10,00,000.00 even though, it was already paid vide Agreement dtd. 3/5/2007. As demanded by the Opposite Party, the Complainant obtained a No Objection Certificate (NOC) under the Foreign Exchange Management Act (FEMA) on 6/4/2018. Despite complying with all the demands, the Opposite Party Builder failed to execute the Sale Deed. Therefore, being aggrieved by the deficiency in service from the Opposite Party, the Complainant filed a Consumer Complaint No. 28 of 2018 before the State Commission for execution of Deed of Sale, refund Rs.10,00,000.00 along with interest at the rate of 18% p.a.; compensation of Rs.5,00,000.00 and Rs.50,580.00 towards the travel expenses due to postponement of Air ticket to the USA.