State Consumer Disputes Redressal Commission
1. Shri Anthony Henriques, Major,1. ... vs Anant Mahadev Vengurlekar, on 1 July, 2008
THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANAJI GOA Present: Smt. Sandra Vaz e Correia ...Presiding Member Smt. Caroline Collasso ... Member. Execution Application No. 2 of 2005 1. Shri Anthony Henriques, major, s/o late Candociano J.J. Henriques, r/o Sangleamvaddo, Majorda, Salcete Goa. (since deceased represented by L.Rs) 2. Mrs.Eugenia Henriques both r/o Sangleamvaddo, Majorda, Salcete Goa. 1a) Master Fander E. Henriques, son of late Anthony Henriques, aged 18 years. 1b) Miss Wyonna Henriques, d/o late Anthony Henriques, aged 12 years. Both presently residing at c/o Mrs. Eugenia Henriques, Sanglem Vaddo, Majorda, Salcete Goa. Decree Holders v/s Anand Mahadev Vengurlekar, H.No.175, Maimolem, Vasco da Gama, Goa. Since deceased represented by his L.Rs a) Mr. Mahesh Vengurlekar, son of deceased and his wife b) Siddhi Vengurlekar. c) Shri Sangam Vengurlekar son of deceased and his wife, d) Mayuri Vengurlekar, all residents of H.No.175, Maimollem, Mangor Hill, Vasco da Gama. e) Shri Girish Vengurlekar, son of deceased and his wife f) Suprila Vengurlekar, both residents of Ground Floor, Block -B, Anant Dhara, Mangor Hill, Vasco da Gama. ... Judgment Debtors For the Decree Holder ... Shri S. Salgaonkar, Advocate None present for the Judgment Debtor. Execution Application No. 4/2005 1. Smt. Milagrina Servita Alemao e Henriques, major, widow of late Candociano J.J. Henriques; 2. Shri Fanian Henriques, deceased; (i) Shri Borlino Albino Henriques, major, son of late Candociano J.J. Henriques and his wife. (ii)Smt. Marianinha Henriques, major, all residents of H. No. 136, Mangor Hill, Vasco da Gama, Goa. 3. Smt. Serena Henriques e Antao, major, d/o late Condociano J.J.Henriques, and her husband; 4. Anthony Antao, major, both residents of H.No.368, Chandor, Salcete Goa. ... Decree Holders v/s Anant Mahadev Vengurlekar, H.No.175, Maimolem, Vasco da-Gama. Since deceased represented by his L.Rs a) Mr. Mahesh Vengurlekar, son of deceased and his wife b) Siddhi Vengurlekar. c) Shri Sangam Vengurlekar son of deceased and his wife, d) Mayuri Vengurlekar, all residents of H.No.175, Maimollem, Mangor Hill, Vasco da Gama. e) Shri Girish Vengurlekar, son of deceased and his wife f) Suprila Vengurlekar, both residents of Ground Floor, Block -B, Anant Dhara, Mangor Hill, Vasco da Gama. ... Judgment Debtors For the Decree Holder ... Shri S. Salgaonkar, Advocate None present for the Judgment Debtor. Execution Application No.5/2005 1. Shri Borlino Albino Henriques, major, son of late Candociano J.J. Henriques and his wife. 2. Smt. Marianinha Henriques, major, all residents of H. No. 136, Mangor Hill, Vasco da Gama, Goa. ... Decree Holders v/s Anant Mahadev Vengurlekar, H. No. 175, Maimolem, Vasco da-Gama. Since deceased represented by his L.Rs a) Mr. Mahesh Vengurlekar, son of deceased and his wife b) Siddhi Vengurlekar. c) Shri Sangam Vengurlekar son of deceased and his wife, d) Mayuri Vengurlekar, all residents of H.No.175, Maimollem, Mangor Hill, Vasco da Gama. e) Shri Girish Vengurlekar, son of deceased and his wife f) Suprila Vengurlekar, both residents of Ground Floor, Block -B, Anant Dhara, Mangor Hill, Vasco da Gama. ... Judgment Debtors For the Decree Holder ... Shri S. Salgaonkar, Advocate None present for the Judgment Debtor. Dated: 01-07-2008 ORDER
[Per Smt Caroline Collasso, Member].
1. This common order shall dispose off applications for execution of this Commissions order dated 03-11-2004 in complaint nos.
39/2000 and 40/2000. In complaint no. 39/2000, the opposite party no. 1 (judgment debtors) were directed to deliver possession of the suit duplex flat to the complainant no. 3 (decree holder no. 1 in E. A. No. 5/2005) completed in all respects within 30 days and further directed to pay him an amount of Rs.1,000/- per month from 06-10-2000 till handing over possession. In complaint no. 40/2000, the opposite party no. 1 (judgment debtors), in addition to a direction to deliver the suit four flats to the parties nominated under the agreement were directed to pay to the complainant nos. 1 & 2 (decree holders nos. 1 &2 in E. A. no. 4/2005) and opposite parties nos. 3 and 4 (decree holders in E. A. no 2 of 2005) an aggregate sum of Rs. 4,000/- i.e. Rs.1000/- per flat per month from 06-10-2000 till date of handing possession.
2. During the pendency of these proceedings the original opposite party no. 4 Shri Anthony Henriques expired on 16-12-2005, and accordingly his two minor children were arraigned as parties. Likewise the original opposite party no. 1 Shri Anant Mahadev Vengurlekar expired on 20-09-2007; accordingly his legal heirs were brought on record as the judgment debtors. It is also pertinent to note that original complainant no. 2 Shri Fanian Henriques passed away during the trial.
3. Possession of the suit premises were delivered during the pendency of these proceedings in compliance with the said order. Possession of the duplex flat and flats was taken by the respective decree holders in pursuance to this Commissions order dated 21-06-2007. Prior to taking possession of the suit premises, the decree holders put forth their grievances pertaining to incomplete/ sub-standard work requiring repairs etc, this Commission deputed a court commissioner to quantify the cost of repairs etc. involved; he reported that an amount of Rs.14,200/- would be the cost of repairs of duplex flat and an amount of Rs.2,08,500/- would be the aggregate cost of repairs of the said three flats.
4. In Execution .Application no. 2/2005, the decree holders seek recovery of Rs.52,000/- payable by the judgment debtors. The reply of the judgment debtor and written arguments of the parties are placed on record. By an order dated 28-03-2005, this Commission had directed attachment of goods of the judgment debtor lying in shop known as Laxmi Super Stores on the ground floor of B block of building Anant Dhara constructed on property surveyed under chalta no. 22 of PTS 139 of City Survey Vasco; however the decretal amount could not be recovered and the file was returned by the District Recovery Officer.
5. In Execution Application no. 4/05, the decree holders seek recovery of Rs.2000/- per month being compensation for delay in delivery of possession of the two flats allotted to them from 06-10-2000 till handing over possession. The reply of the judgment debtor is on record. The decree holders have filed an application dated 23-07-2007 claiming an amount of Rs.2,43,000/- as compensation for period of six years and nine months with respect to three flats. An amount of Rs.2,08,500/- is claimed towards cost of repairs of the said three flats. However, in the execution application, the decree holders have prayed for compensation with respect to two flats. Hence, in our view, the decree holders would be entitled to compensation with respect to two flats only amounting to Rs. 1,62,000/- against delay in possession and Rs. 1,39,000/- against their repairs.
6. In Execution Application no. 5/05, the decree holders seek recovery of Rs. 1,000/- per month as compensation for delay in delivery of possession. The reply of the judgment debtor is on record. An amount of Rs.81,000/- is due and payable to the decree holders by the judgment debtors in addition to Rs.14,200/- against cost of repairs.
7. Admittedly, the judgment debtors have not paid the decree holders compensation for delay in delivery of suit premises as directed by this Commission in the order under execution as well as the amount towards repair work.
8. Hence, as culled from the aforesaid, the amounts payable to the respective decree holders are as below:
a. Smt Eugenia Henriques Shri Fender E Henriques Kum Wynona Henriques . .
. Rs. 52,000:00 b. Smt Milagrina Henriques . . . Rs. 3,01,000:00 c. Shri Borlino Henriques Smt Marianinha Henriques . . . Rs. 95,200:00 9. As stated
earlier, the judgment debtor expired on 20-09-2007 following which his legal representatives were noticed. One of the legal representatives Shri Mahesh Vengurlekar appeared before this Commission on 21-01-2008; however he abstained from the proceedings thereafter. As for the other legal representatives, the notices served on them were returned unclaimed after intimation by the postal authorities. Ample opportunity was given to the legal representatives of the judgment debtor to present their case but to no avail. The matter was adjourned on twelve consecutive hearings for this reason.
10. On 11-06-2008, the decree holders moved an application stating that the judgment debtors are in occupation of Shop nos. 3 & 4 and restaurant in the building B erected in the said property and prayed for attachment and sale of the said premises and proceeds be paid to them. The application is not contested by the judgment debtors. Accordingly, in the light of the facts and circumstances, the application is allowed in terms of the prayer therein.
11. In our opinion, this is a fit case for reference to the concerned District Recovery Officer under Section 25 of the Consumer Protection Act.
12. We hereby direct the matter to be referred to the District Recovery Officer/Mamlatdar of Mormugao, Vasco da Gama to recover the decretal amount as above by distrain and sale of the aforementioned property i.e. shop nos. 3 & 4 and restaurant in building B erected in the said property, in the same manner as arrears of land revenue and pay the proceeds thereof to the decree holders as per paragraph 8 above. Issue certificate.
Pronounced.
[Sandra Vaz e Correia] Member [Caroline Collasso] Member