State Consumer Disputes Redressal Commission
M/S Zoom Enterprises Limited vs Joseph Colaco on 9 January, 2024
BEFORE THE GOA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION,
PANAJI-GOA
In the matter of Review Application No. 06 of 2023 against
the Judgment and Order dated 17/02/2023 passed by this
Hon'ble Commission in the First Appeal No. 09/2022.
Before: Adv. Mrs. Varsha R. Bale, Officiating President
Dr. Nagesh S. Colvalkar, Member
Adv. Ms. Rachna A. M. Gonsalves, Member
M/s. Zoom Enterprises Limited,
A company duly incorporated under
The provisions of the Companies Act 1956
Through its Managing Director/Director,
Having its registered Office at International Tower,
X-1, 8/3, Block-EP, Salt Lake City,
Kolkata-700091. .....Applicant
V/s
Shri Joseph Colaco,
s/o Shri Francisco J.C. Colaco,
202, Gurukrupa Apartments,
3rd Floor, Pajifond, Margao,
Salcete Goa- 403601. .....Respondent
Adv. Shri Mangirish Angle present for Applicant at the
time of Final Arguments.
DATE: 09 /01/2024
1
ORDER
[Per Dr. Nagesh S. Colvalkar, Member] The Present Application is filed under the Consumer Protection Act 2019 and it is named as Application for Review/Correction of the Order dated 17/02/2023 passed by this Commission in the First Appeal No. 09/2022.
The case of the Applicant in short is as under:
1. The said Judgment and Order dated 17/02/2023 passed by this Commission is hereinafter referred to as "the Impugned Order" for the sake of brevity and convenience.
2. The Respondent herein, who was the original Complainant in Consumer Compliant No. 38/2020 and the Appellant in First Appeal No. 09/2022, is hereinafter referred to as "the Respondent" and the Applicant herein, who was the original Opposite Party in Consumer Complaint No. 38/2020 and the Respondent in First Appeal No. 09/2022, is hereinafter referred to as "the Applicant" for the sake of brevity and convenience.
3. The Applicant has invoked the review jurisdiction of this Commission available under Section 50 of The Consumer Protection Act, 2019 contending that there is an error which is apparent on the face of the Impugned Order passed by this Commission.
Case of the Respondent/Complainant.
a) That the Respondent vide Agreement for Sale dated 15/10/2015 agreed to purchase the Flat No. 109 in 2 the building complex known as "WOODBOURNE HILLS RESIDENCES" from the Applicant.
b) That, vide Deed of Sale dated 26/09/2019, the Respondent purchased the said Flat No. 109 along with one open parking space;
c) That the Respondent had paid an amount of Rs.5,000/- to the Applicant towards charges for formation of a Society and that he expected the Applicant to refund the same on Execution of a Sale Deed;
d) That the Respondent was handed over possession of the said Flat No. 109, pursuant to letter of Handover dated 08/01/2016 issued by the Applicant.
e) That the Respondent issued the Legal Notice dated 08/05/2020 to the Applicant demanding for refund of the amount paid towards formation of society with interest, for provision of infrastructure;
f) That the Respondent has already paid the consideration for the open car parking space to the Applicant and is entitled for the same;
Case of the Applicant/Opposite Party
a) That throughout the Agreement for Sale dated 15/10/2015, there is no mention of any "open car parking space", neither in the Recitals nor in the Schedule to the said Agreement;
b) That in the Schedule-II of the Deed of Sale dated 26/09/2019, the mention of one open car parking space is by way of a sheer mistake;
3c) That the Respondent has only paid the consideration for the Flat No. 109 and has not paid any amount towards any car parking space because the Respondent never intended to purchase such car parking space;
d) That the Respondent purchased the said Flat after inspecting the approved Plans not only before entering into the Agreement for Sale dated 15/10/2015 but also at the time of taking over the possession of the said Flat;
e) That the Respondent had inspected the Completion Certificate as well as the Occupancy Certificate in respect of the said Flat and the entire project;
f) The Applicant had accepted the payment of Rs.5,000/- from the Respondent towards formation of a Co-operative Housing Maintenance Society the formation of which Society is underway and therefore, the question of refunding the said amount does not arise;
We have perused the Application filed by the Applicant, heard the Arguments by the Ld. Adv. for Applicant. We record, our following observations as under:
As per the Regulations framed by the Government under 'The Goa Land Development and Building Construction Regulations 2010' to regulate the land development and building construction.
"Clause 10 of the said regulations is with respect to of stilt parking spaces to be provided in the building proposed to be constructed. It stipulates that in case of 4 residential buildings/flats/ apartments, one space for every 75 sq. mtrs. of area of part thereof shall be provided. The parking space is, therefore, required to be provided under these regulations only when the floor area of the premises is 75 sq. mtrs. In the case at hand, the Respondent has purchased the flat with floor area of 67.30 sq. mtrs. Applicant was, therefore, under no obligation to provide for any parking space to the Respondent".
We have also observed that there is no mention of any earmarked covered parking space within the premises.
We also noted that there is no evidence on record to show that the consideration paid by the Respondent includes covered car parking space within the premises.
The above aspects reveal that there are errors in the Impugned Order which are apparent on the face of record, which makes the present case, a fit case for review of the Impugned Order. In the result we pass the following:
ORDER
1. Review Application is allowed.
2. As regards to direction in Impugned Order dated 17/02/2023 at Serial No. B remains as it is.
3. As regards to Serial No. C and D, we find that there is an error apparent on the face of the record and therefore needs to be modified only to that extent the direction given at Serial No. C and D is hereby dropped.5
4. Pronounced in Open Court.
5. Proceedings stands closed.
[Adv. Mrs. Varsha R. Bale] Officiating President [Dr. Nagesh S. Colvalkar] Member [Adv. Ms. Rachna Anna Maria Gonsalves] Member KK 6