PANAJI: The North Goa District Consumer Dispute Redressal Commission has directed a builder to establish a society or association of flat owners within three months for managing the property. Should the builder fail to meet this deadline, flat owners may independently create the society.
This ruling followed a complaint from A M Ashwinkumar, a Carambolim resident who purchased two single-bedroom flats on the first floor of Dimension Residency from Dimension Builders in 2010 for his elderly parents. Ashwinkumar reported that upon moving in during June 2012, he discovered issues with the bathroom tiles, which were not properly fitted or aligned. After notifying the developer, some repairs were made.
However, a month later, he identified multiple defects, including leaks in the bathrooms and bedrooms, as well as issues with the electrical control panel. The builder had promised to make repairs after the monsoon season, but despite repeated complaints, no actions were taken, Ashwinkumar recounted.
Seeing no progress from Dimension Builders, Ashwinkumar issued a legal notice on June 30, 2023, demanding compensation of Rs 3 lakh and an additional Rs 35,000 for legal expenses.
The commission, led by president Bela Naik and members Auroliano De Oliveira and Rejitha Rajan, noted that while the sales agreement does not explicitly require the formation of a society, the overall contract framework implies it. Failing to do so constitutes a deficiency in service.
However, the commission denied Ashwinkumar’s compensation request, citing that the complaint was submitted eight years after the sales agreement was signed. According to the law, complaints must be filed within two years of identifying structural deficiencies.
