Goa

StateCommission

CC/21/2014

Ramesh Moorjani - Complainant(s)

Versus

M/s Kayjay Construction Co. Pvt. Ltd. - Opp.Party(s)

V.K.Daniel

23 Jan 2015

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
Complaint Case No. CC/21/2014
 
1. Ramesh Moorjani
502, ADCB Residential Bldg, Bur Dubai, Dubai,U.A.E. represented by powe rof Attorney Nandu Asrani Resident of Spencer Cross Road, Bloomsbury Apts, Frazer Town, Bangalore- 560 042
...........Complainant(s)
Versus
1. M/s Kayjay Construction Co. Pvt. Ltd.
No. 5, National House, 27, Raghunath Dadaji Street Fort,Mumbai 400 001
............Opp.Party(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MRS. Smt.Vidhya R. Gurav MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

Considering the peculiar facts of the case, we are not inclined to award any compensation to the complainants for delayed possession nor any costs to these complainants. Complainants through the said attorney (except the said Moorjani) say that the Complainants were never called upon to hand over possession on a specific date and time and that the OP has been avoiding to hand over the possession to the complainants. These are false statements made by attorney on behalf of the complainants. What did the attorney of the complainants or for that matter complainant Moorjani do when they were told in May 2008 that the apartments were ready for possession? Did they ask the OP to fix the date and time of taking possession? And the silence thereafter? Why is there not a single letter from the Complainants asking the OP to fix the date and time to take over possession? And why did not the complainants fix a date and time to take possession, inspite of being specifically told to so by the OP, by their reply dated 30/01/2014? In our view, if at all there is delay in giving possession of the apartments, the same is attributable to the complainants and/or their attorneys. In fact, it appears that sale of apartments was made by the OP to the Complainants through middleman the said Asrani and the said Moorjani who acted at times as agents of the OP and sometimes as agents of the complainants till the said Asrani was given a written power of attorney by the complainants on dates shown in the table. Since the possession of the apartments has now been given to the complainnts we only direct the OP to execute a sale deed in their favour with proportionate undivided right in the said property surveyed under No. 362/12 at Calangute, within 30 days. We leave the parties to bear their own costs.

 
 
[HONABLE MR. JUSTICE N.A.Britto]
PRESIDENT
 
[HONABLE MRS. Smt.Vidhya R. Gurav]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.