BHAGYASHRI A LOHIT Vs. HARIVIJAY BUILDERS

JUDGEMENT

(1.) THIS is a complaint alleging the deficiency in the service of the opposite parties, the builder and developer.

(2.) SHORTLY stated the facts are that the complainant had hired the services of opposite party No. 1 (OP 1) for the development of land and for construction of the bungalow. The proposed bungalow was to be constructed on the 174.48 sq.mts. plot, as per the map enclosed with the complaint. The complainant paid the consideration to opposite party No. 1 amounting to Rs. 83,000/- towards the price of land and obtained the receipt in her favour. The statement showing the payment to OP is placed on record vide document No. 9. Thereafter contract for the proposed construction of the bungalow was made for the net amount of Rs. 1,00,000/-. The statement of payment for the cost of construction is also placed on record vide document No. 9. The separate receipts passed by the OP 1 towards the payment of land price and construction costs are placed on record vide document Nos. 1 to 3. Thus OP 1 having received from the complainant the land cost and the construction cost did not deliver the physical possession of the proposed bungalow to complainant within stipulated period of 18 months from the receipt of the amount. The complainant repeatedly asked the OP 1 to deliver possession of the bungalow but the OP 1 avoided to place complainant in possession.

(3.) WE have heard Ms. M.V. Masodkar, Advocate for the complainant, and also gone through the allegations in complaint and written versions of the opposite parties and documents on record.