PANAJI: The North Goa District Consumer Dispute Redressal Commission dismissed a complaint from a Bardez resident against a Carambolim-based proprietor, who failed to deliver promised plots after accepting payment.
According to the complaint, on August 30, 2019, Nivisha Pawaskar entered a memorandum of understanding with Carambolim proprietor Dhaku Madkaikar to buy two plots of 300 sqm each for a total of Rs 10.8 lakh at Buimpal, Sattari. When Madkaikar did not deliver the plots, Pawaskar sent him a legal notice.
In response to the notice, Madkaikar returned Rs 2 lakh and Rs 50,000 months later, but did not return the remaining Rs 8.8 lakh.
The commission noted that under the consumer protection act, providing bills or receipts during the filing of consumer complaints is necessary. Pawaskar’s failure to provide a receipt for her payment made it impossible to confirm if she had indeed made the payment for the plots.
Moreover, the commission highlighted that she did not register her MoU with a sub-registrar for such a significant transaction.
However, in a dissenting opinion, commission member Rejitha Rajan argued that Pawaskar had fully paid the required amount for the deed of sale, which pertains to plot development, thus qualifying as a service under the Consumer Protection Act. Rajan pointed out that Madkaikar did not contest Pawaskar’s claims and merely refunded part of the money, which constituted a breach of contract and unfair conduct. She directed Madkaikar to pay Rs 8.3 lakh with 9% interest.
