LAWS(APH)-2011-9-67

SRI VYSHNAVI CONSTRUCTIONS AND DEVELOPERS Vs. MAHENDER

Decided On September 27, 2011
VYSHNAVI CONSTRUCTIONS AND DEVELOPERS REP. BY ITS MANAGING PARTNERS SRI C.G.SAJJAN Appellant
V/S
CH.MAHENDER REDDY Respondents

JUDGEMENT

(1.) AGGRIEVED by the order in C.C.No.709/2008 on the file of District Forum-1, Hyderabad , the opp.parties 5 to 7 preferred F.A.No.543/2009 and Complainants preferred F.A.No.1033/2009 . As both these appeals arise out of a common complaint they are being disposed of by this common order.

(2.) THE brief facts as set out in the complaint are that the opposite parties 6 and 7 are in construction business i.e. construction of apartments in the name and style of Sri Vyshnavi Constructions & Developers i.e. opp.party no.5. Opp.parties 1 to 4 are the owners of property bearing municipal no.3-4-823/1 admeasuring 759 sq.yards situated at Barkatpura, Hyderabad (referred to as Schedule A property) and opp.parties 1 to 4 entered into a development agreement dt.2.8.2004 with opp.party no.5 rep. by opp.parties 6 and 7 for construction of apartment complex in the said place. Opp.parties 6 and 7 constructed an apartment complex in the said place consisting of 15 flats and named it as Royal Residency. Opp.party no.5 represented by opp.parties 6 and 7 entered into an agreement of sale on 20.10.2005 with the complainants in respect of flat bearing no.302 in third floor admeasuring 1440 sft. in the middle block ( hereinafter referred to as Schedule B property ). Complainants submit that as per the agreement of sale the entire sale consideration was agreed at Rs.14,40,000/- for the said flat and on the date of agreement of sale they have paid an amount of Rs.3 lakhs keeping balance sale consideration of Rs.11,40,000/-. By 1st May 2007 the complainants have paid entire sale consideration including registration charges and opp.parties 6 and 7 delivered possession of Schedule B property to the complainants and `No Due Certificate' was issued by opp.party no.5 signed by opp.party no.6 stating that complainants cleared all dues. Inspite of receiving entire sale consideration and delivering the possession of flat, opp.parties have not executed registered Sale Deed in favour of the complainants with regard to the Schedule B property . THE complainants made repeated requests to the opp.parties 1, 5 to 7 to execute a registered Sale Deed but they did not do so. On 28.5.2008 opp.party no.6 sent a Sale Deed copy to the complainants asking to affix thumb impressions in the annexure of the Sale Deed stating that they are going to register the Schedule B property in favour of the complainants. THE complainants affixed their thumb impressions on the annexures of the Sale Deed and gave back the same to opp.party no.6 for which acknowledgement was issued. THEreafter the opp.parties have failed to execute the registered Sale Deed in favour of the complainants. Hence the complainants are constrained to issue a legal notice on 20.6.2008 to opp.parties 1,6 and 7 for which the opp.parties 1 & 7 did not give any reply and opp.party no.6 issued a reply legal notice dt.23.7.2008 stating that opp.party no.1 who is the land lord is not coming forward to execute the Sale deed. THE complainants submit that inspite of paying entire sale consideration by them, opp.parties did not register the flat in their names causing lot of mental agony to them which amounts to deficiency in service. Hence the complaint seeking direction to opp.parties 1 to 7 to execute the registered Sale Deed in favour of complainants with regard to the Schedule B property, to pay Rs.3 lakhs for deficiency of service , to pay Rs.2 lakhs towards mental agony and to award costs.