Karnataka

StateCommission

A/2233/2017

Mr.Lancy Rodrigues - Complainant(s)

Versus

M/s Sequeira Star Home Builders - Opp.Party(s)

(By Shri/Smt Sachin.B.S. )

29 Feb 2024

ORDER

                                                                      Date of Filing :07.11.2017

Date of Disposal :29.02.2024

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:29.02.2024

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Mr K BSANGANNANAVAR: JUDICIAL MEMBER

 

Mrs DIVYASHREE M:LADY MEMBER

 

 

APPEAL No.2233/2017

 

Mr Lancy Rodrigues
S/o Mr John Rodrigues,

Aged about 56 years,

R/at Rodrigues Compound,

Commander George Martis Road

Kadri, Mangaluru.

Rep. by GPA Holder Mr Stanley Pinto,

S/o Late Mr.George Pinto

Aged about 63 years

R/at B-2, Star Legacy Apartment-I

Kadri, Tollgate, Mangalore
(By Mr Sachin B S, Advocate)                                            Appellant

 

-Versus-

 

1. M/s Sequeira Star Home Builders
    Having its place of Business

    At Mumbai, Maharashtra State

    Having Branch office at: Kadri Tollgate,

    Kadri, Mangaluru

    Rep. by its Partners No.2 to 7

 

2. Mr Felix Sylvester Sequeira

    Partner
    M/s Sequeira Star Home Builder,

    S/o Mr Stanislaus Sequeria,

    Aged about 54 years,

    R/at Cottage No.44,

    Waroda Road, Bandra West,

    Mumbai

    (By Mr. H Malatesh, Advocate

     For R1 and R2)

 

 

3. Mr.Melwyn Jerome Sequeira

    Partner
    M/s Sequeira Star Home Builders,

    R/at No.42, Massabielle,

    136A, Manuel Consalves Road

    Bandra (w), Mumbai

 

4. Mr.Kenroy Arnold Sequeira

    Partner
    M/s Sequeira Star Home Builders,

    R/at No.42, Massabielle,

    136A, Manuel Consalves Road

    Bandra (w), Mumbai

 

5. Mrs.Romaldine Bernadine Sequeira

    Partner
    M/s Sequeira Star Home Builders,

    R/at No.44, Waroda Road,

    Bandra(W), Mumbai

 

6. Mr.Mcfel Francies Sequeira

    Partner
    M/s Sequeira Star Home Builders,

    R/at No.44, Waroda Road,

    Bandra(W), Mumbai

 

7. Mr.Trysen Ryan Sequeira Partner
    M/s Sequeira Star Home Builders,

    R/at No.42, Massabielle,

    136A, Manuel Consalves Road

    Bandra (w), Mumbai           

    (By Mr Cyril  Prasad Pais

     And Associates for R4 and R7)                                  Respondents

 

:ORDER:

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This Appeal is filed under Section 15 of Consumer Protection Act 1986, aggrieved by the Order dated 20.09.2017 passed in Consumer Complaint No.244/2014 on the file of District Consumer Disputes Redressal Forum, Mangalore (hereinafter referred to as the District Forum).

2.       Heard the arguments of the learned Counsel for Appellant and Respondents No.1, 2, 4 and 7.  Inspite of due service of Notice for appearance from this Commission on Respondents No.3, 5 and 6, none represented them and hence, their arguments is taken as heard.

3.       The District Forum after enquiring into the matter, Dismissed the Complaint.  Being not satisfied with the Order, the Complainant is in Appeal, seeking to set aside the Impugned Order by allowing the Appeal.

4.       Perused the Impugned Order and grounds of Appeal.

5.     Perusal of the records reveals that it is an admitted fact that the Complainant had purchased the Residential Apartment No.204, in Star-Legacy-I in multi-storeyed Apartment Complex, on 27.05.2008 by due execution of Absolute Sale Deed and thereafter filed a Complaint in the year 2017, alleging that OPs have not provided the amenities as stated in the Brochure and there are many defects found in the Apartment and also the Occupancy Certificate has not been provided.  OPs have taken a stand that, OP2 is successful premier Real Estate Developer & Builder since 12 years and denied the defects in construction, as alleged by the Complainant.  Further taken a stand that, the Complainant had revealed about the alleged defects in the construction, only in the year 2017 hence, Complaint filed by the compliant is barred by limitation. With regard to the allegation for not providing the Occupancy Certificate, OPs stated that they filed an application before the Mangalore City Corporation for issuance of Occupancy Certificate, which is pending under the Akrama Sakrama Scheme.

6.       The findings recorded by the District Forum in its Impugned Order in dismissing the Complaint is on the ground that, the present Complaint was incubated in 2014, after lapse of 6 years of having taken possession of the identified Flat, by execution of the Registered Sale Deed in favour of the Complainant, in the absence of any reasons from the Complainant to condone the Delay, which is hopelessly barred by time.  It is observed that Complainant has occupied in the flat in the year 2008 and remained silent till filing of the Complaint, i.e., almost after lapse of 6 years,  alleging deficiency in service on part of OPs with regard to the defects in construction which cannot be accepted. In addition, it is observed that there is no whisper about any of the exchange of communications on the alleged acts of deficiency as also any expert opinion.  Under these circumstances, we are of the considered opinion that the Impugned Order is just and proper, which does not call for any interference.  Accordingly, Appeal is Dismissed with no order as to costs.

7.       Send a copy of this Order to the District Commission, as well as to the parties concerned, immediately.

 

 

 

 

Lady Member                     Judicial Member                        President

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