Goa

StateCommission

A/24/2014

Venkatesh Narayan Prabhu Moni - Complainant(s)

Versus

Nitesh Bhadu Naik - Opp.Party(s)

M. N. Raikar

09 Apr 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
First Appeal No. A/24/2014
(Arisen out of Order Dated 20/02/2014 in Case No. CC/74/2010 of District North Goa)
 
1. Venkatesh Narayan Prabhu Moni
M/s Prabhu Constructions, 505/B & 705, Dempo Trade Centre, EDC Complex, Panaji-Goa
North
Goa
...........Appellant(s)
Versus
1. Nitesh Bhadu Naik
D3-4, Prabhu Estates, Shetyewado, Duler, Mapusa Goa
Goa
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MR. Shri. Jagdish Prabhudesai MEMBER
 
For the Appellant:
Adv. Shri. M. N. Raicar
 
For the Respondent:
Respondent in person
 
ORDER

We have already taken note that even after filing of the complaint on 05/08/10, for almost 2 years, no sale deed was executed, and, if at all compensation has been awarded to the complainant it is because of the delay in execution of the sale deed and not providing the said amenities as well as wrongfully retaining the mintenance deposit. Admittedly, there is no appeal filed by the complainant against the impugned order dated 22/02/2014. Although the complainant was put in possession of the flat on 28/03/2005, the sale deed came to be executed almost after seven years. The complainant and others have not been provided the swimming pool and club house now for almost nine years. Therefore, the award of compensation of Rs. 1 lac for not providing a swimming pool, a club house, delay in execution of sale deed and retaining the maintenance deposit, in the facts of the case, cannot at all be said to be either excessive or unreasonable.

In the circumstances therefore we find that there is no merit in this ppeal, and , consequeltly the same is hereby dismissed with costs of Rs. 5000/-.

 
 
[HONABLE MR. JUSTICE N.A.Britto]
PRESIDENT
 
[HONABLE MR. Shri. Jagdish Prabhudesai]
MEMBER

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