Consumer forum dismisses complaint of compensation for deficiency in service

Panaji: The North Goa District Consumer Dispute Redressal Commission, in a majority judgement, dismissed the complaint of a Bardez resident against a Carambolim based proprietor for his failure to hand over plots even after accepting consideration.

According to the complaint, on Aug 30, 2019, Nivisha Pawaskar, a Bardez resident, executed a memorandum of understanding with a Carambolim-based proprietor Dhaku Madkaikar to purchase two plots of 300sqm each for a total of Rs 10.8 lakh at Buimpal, Sattari. But as Madkaikar failed to deliver the plot to Pawaskar, she sent him a legal notice.

Upon receiving the notice, Madkaikar returned Rs 2 lakh and Rs 50,000 a few months after, but failed to return the remaining Rs 8.8 lakh.

The commission observed as per the consumer protection act, producing bills/receipts at the time of filing consumer complaints is essential, and not producing them is liable for the case to be dismissed. Since Pawaskar failed to produce a receipt of the payment she made to Madkaikar as support of evidence; they are unable to determine if Pawaskar really made a payment for the aforementioned plots.

The commission also observed that she did not register her MoU before a sub-registrar, when a huge monetary transaction is involved.

However, in a dissenting judgement, commission member Rejitha Rajan observed that Pawaskar paid the full consideration amount to execute the deed of sale, which is a service of consideration to plot development, and hence falls within the ambit of service under the Consumer Protection Act.

She also observed that Madkaikar has not disputed the claim made by Pawaskar, and also failed to contest the complaint, which puts the case in favour of Pawaskar. Rajan also observed that by refunding only part of the amount, Madkaikar has breached contractual obligation, deficiency in services and unfair conduct and directed the proprietor to pay Rs 8.3 lakh at an interest of 9%.