Goa

South Goa

CC/10/36

Mrs.Laura Fernandes - Complainant(s)

Versus

Mr. Clifford Gonsalves - Opp.Party(s)

S.Naik

29 Nov 2013

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,SOUTH GOA
 
Complaint Case No. CC/10/36
 
1. Mrs.Laura Fernandes
H.no:-110/A,Cansaulim-Goa
 
BEFORE: 
 HONABLE MR. Jayant Prabhu PRESIDENT
 HONABLE MS. Savita G. Kurtarkar MEMBER
 HON'BLE MS. Ms. Cynthia A. Colaco MEMBER
 
PRESENT:
Adv.S.Naik
......for the Complainant
 
ORDER

Complainant has paid an amount of Rs.3,20,000/- as part consideration towards the purchase of the Flat. The Complainant also subsequently admit that an amount of Rs.5,30,000/- remains to be paid. The said amount of Rs.3,20,000/- was paid in the month of july 2006 and a legal notice issued by the Complainant requiring the Opposite Parties to transfer the flat F-2 was issued on 06/10/2009. Asper clause 7 of the agreement the promisee has agreed to make payments of the installments as per the schedule. However, we find that the schedule is kept empty for the reasons best known to the Complainant and the Opposite Party.Moreover the Complainant is silent about the amount of Rs.75,000/- whioch was collected as refund by the mother of the Complainant Mrs. Salvacao Fernandes. Moreover, there is no proper explanation coming from the Complainant as to how the mother has signed the agreement and as to how the mother of the Complainant collected the amount of Rs.75,000/- even after issuing of the notice. All this confusion requires to be defused by the Complainant by filing a proper Civil suit adducing proper evidence in support of her case.

 
 
[HONABLE MR. Jayant Prabhu]
PRESIDENT
 
[HONABLE MS. Savita G. Kurtarkar]
MEMBER
 
[HON'BLE MS. Ms. Cynthia A. Colaco]
MEMBER

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