Consumer commission orders builder to execute deed of sale

Panaji: The North Goa District Consumer Dispute Redressal Commission ordered a construction firm to execute, within two months, a deed of sale in favour of a Margao couple who bought a flat from them in 2004 by paying the full value.

If the construction firm fails to comply with the order within the stipulated period, the consumer commission stated that the complainants will be at liberty to get the sale executed through it (consumer commission).Under the law, the construction firm was required to register the sale deed within 18 months of construction of the building, but it did not, compelling the complainants, Santosh Joshi and his wife, Swati, to file a complaint with the consumer commission.

The consumer commission ordered Aditya Builders and Developers to pay the couple Rs 50,000 as compensation.The consumer commission, headed by president Bela Naik and members Auroliano De Oliveria and Rejitha Ranjan, observed that the firm was under a contractual obligation to execute the sale deed, which it failed to do, even after receiving the full consideration amount. Santosh and Swati told the consumer commission that on April 10, 2004, they entered into an agreement with the construction firm and purchased a flat by paying Rs 7,34,800.

After obtaining an occupancy certificate from Margao Municipal Council, although the firm gave them possession of the flat, it did not execute the deed of sale. The construction firm continued to drag its feet despite multiple requests.The complainants also pointed out that a housing cooperative society was not formed. The building’s sewage line was also not connected to the public sewage system, causing sewage chambers to overflow.In June 2022, the complainants sent a legal notice to the firm to register sale deeds, and also to resolve sewage problems. Yet, no response was received.They said that due to the delays in registering the sale deed, they will now have to pay substantially higher stamp duty and registration fees. If the firm executed the sale deed in 2007, they would pay only Rs 40,000, but the cost would be Rs 2 lakh now.