Goa Consumer Commission Orders Builder to Execute Sale Deed for 2004 Flat Purchase
The North Goa District Consumer Dispute Redressal Commission has issued a decisive order, directing a construction firm to execute a deed of sale within two months in favor of a Margao couple who purchased a flat from them back in 2004. This ruling comes after the couple paid the full value for the property nearly two decades ago, yet faced persistent delays in securing proper documentation.
Legal Mandate and Builder's Failure
Under prevailing legal requirements, the construction firm was obligated to register the sale deed within 18 months of the building's completion. However, it failed to do so, compelling the complainants, Santosh Joshi and his wife, Swati, to escalate the matter to the consumer commission. The commission, presided over by President Bela Naik with members Auroliano De Oliveria and Rejitha Ranjan, observed that the firm had a clear contractual duty to execute the sale deed after receiving the full payment, which it neglected.
Details of the 2004 Agreement and Subsequent Issues
Santosh and Swati informed the commission that on April 10, 2004, they entered into an agreement with the construction firm, purchasing a flat for Rs 7,34,800. After obtaining an occupancy certificate from the Margao Municipal Council, the firm handed over possession of the flat but did not proceed with the sale deed execution. Despite repeated requests from the couple, the construction firm continued to delay the process, exacerbating the situation.
In addition to the documentation delays, the complainants highlighted several infrastructural deficiencies. They pointed out that a housing cooperative society was never formed for the building, and critically, the sewage line was not connected to the public sewage system. This negligence led to sewage chambers overflowing, causing significant inconvenience and health concerns for the residents.
Escalation and Financial Implications
In June 2022, the couple sent a legal notice to the firm, demanding the registration of the sale deeds and resolution of the sewage problems. However, they received no response, forcing them to seek intervention from the consumer commission. The delays have now resulted in substantial financial repercussions for the Joshi couple. If the sale deed had been executed in 2007 as required, they would have paid only Rs 40,000 in stamp duty and registration fees. Currently, the cost has escalated to approximately Rs 2 lakh, a fivefold increase due to the prolonged inaction.
Commission's Ruling and Compensation
The consumer commission has ordered Aditya Builders and Developers to pay the couple Rs 50,000 as compensation for the hardships endured. Furthermore, the commission has stipulated that if the construction firm fails to comply with the order within the two-month period, the complainants will be at liberty to have the sale executed through the commission itself. This provision ensures that the couple has a recourse to finally secure their property rights, ending a nearly 20-year wait for proper documentation.
This case underscores the importance of consumer rights in real estate transactions and serves as a reminder to construction firms to adhere to legal obligations promptly. The commission's ruling not only provides relief to the affected couple but also sets a precedent for similar disputes in the region.
