CONSUMER DISPUTE Builder directed to refund cash to buyers TIMES NEWS NETWORK
http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIGO&login=default&Enter=true&Skin=TOI&GZ=T Panaji: The state Consumer Disputes Redressal Commission has ordered a builder to refund the advance money he recieved from various purchasers with interest upto the date the said money is paid to the purchasers. The case concerns about 150 buyers who had booked holiday homes and shops in a project called “Ocean Park” at Anjuna. One such buyer was Roman Almeida. In January 1988, Almeida signed an agreement with Anil Kumar Walavalkar, proprietor of Walbro Constructions, Mapusa. Almeida paid Rs 90,000 to Walbro for a unit on the ground floor. But around 1993, Walbro transferred the project to one Avinash Vishnu Virkar of Dadar, Mumbai. Walbro then informed buyers that he was not in a position to complete the project and that he had sold it to Virkar, who would complete it by September 30, 1994. In April 1995, Virkar signed a rent-back agreement with the buyers stating that he would pay them Rs 1500 per month and in the event of his failure to operate the unit, he would pay Rs 2,25,000 as damages. But there was no progress on the project and Virkar’s cheque was not presented on request due to insufficient funds. He then spoke of his intention to sell the project to an Australian investor. The buyers approached the North Goa district consumer forum and prayed that the forum direct Walbro to refund the amount paid along with interest at the rate of 18 per cent per annum from date of payment till full realization. Aggrieved that Walbro was asked to pay interest only “till the date of communication of transfer of project to Virkar,” the buyers appealed to the state Consumer Disputes Redressal Commission. It was wondered why the district forum limited the liability of Walbro only until date of communication of transfer of project to Virkar. The commission therefore modified the district forum’s order to the extent that Walbro would be liable to pay interest on amount of money recieved upto the date the money was paid to Almeida. It issued similar orders to the appeals of the other buyers who had paid amounts ranging from Rs 40,000 to Rs 1,60,000. ============================================================================ ===============================================
