PANJIM: National Consumer Disputes Redressal Commission (NCDRC) has ordered Emgee Properties to refund Rs 1 crore paid by Joan Mayne for a villa, being built illegally. Emgee Properties was developing a property ‘Naira’ in Siridao with 12 luxurious villas.
According to the complainant, the promoters had approached her with an impressive brochure indicating the 12 luxurious villas being built each worth Rs 10 crore. In May 2014, she paid the first instalment of Rs 1 crore, however, with Herald’s report she became cautious.
Mayne’s Advocate Joseph Vaz said that the complainant refused to pay the second instalment of Rs 2 crore unless the builder proved that they had all the approvals for the 12 villas. Since Mayne refused to pay the second instalment of the Rs 2 crore, the builder terminated the MoU and forfeited first instalment of Rs 1 crore. “According to the MoU the plinth had to be completed by August 2014,” Vaz said.
He further said that information received under RTI revealed that though the brochure showed 12 villas and uninterrupted view of the river, the builder did not have approved plans for villa numbers 10, 11 and 12 and yet, he terminated the MoU.
“The complainant prayed for refund of the amount in full along with 18 percent interest in terms of the MoU,” he added.
Vaz said that the builder’s advocate submitted that the case did not fall within the Consumer Protection Act and that the complainant had paid the amount as an investment, which did not find favour with the National Commission.
The single member bench of Prem Narain rejected all the contentions of the builder, he said.
Narain allowed the complaint and earlier this month ordered the opposite parties to jointly and severally refund Rs 1 crore to the complainant along with 8 percent interest per annum from the date of deposit till actual payment. Opposite parties are also ordered to pay Rs 20,000 to the complainant as the cost of litigation.
Herald, in its ‘Review’ supplement of June 8, 2014 in its story ‘Bold & Beautiful but Breaches of Rules’ had highlighted that the project by the promoters in Siridao had no permissions for hill cutting and the Collector had ordered stopping the construction.
