ALLWYN FERNANDES Vs. TRISON BUILDERS

JUDGEMENT

(1.) Disputed facts are that complainant/ Mr. Allwyn Fernandes entered into a development agreement as per Memorandum of Understanding (MOU) dated29/11/1993 and accordingly, surrendered his property for development to opposite party no.1/M/s.Trison Builders. As per MOU dated 29/11/1993, the consideration was to be paid in cash and kind. Opposite party no.1 agreed to pay Rs.30 lakhs and two flats each one of 900 sq.ft. built up area to the complainant. However, as it necessitated due to claims made over property or share claimed by the relatives of the complainant in the property, supplementary agreements dated 30/07/1997, 26/08/1999 and 17/09/1999 came to be executed. As ultimately came out and settled, complainant is to get built up area of 1410 sq.ft. instead of 1800sq.ft. in addition to the cash consideration. Against this 1410 built up area the complainant was allotted flat nos. 11 & 12 at building Escada. Flat no.11 is stated to be having built up are of 560 sq.ft. while flat no.12 covers built up area of 850 sq.ft. total amounting to 1410 sq.ft.

(2.) It is the grievance of the complainant that in fact he had received less area than what was agreed. According to him, he had received less area of 323 sq.ft. in terms of supplementary agreement dated 26/08/1999 and therefore, branding it as a deficiency in service/unfair trade practice on the part of opp.parties, he claimed compensation..

(3.) Other grievances made are about not allotting stilt parking area/car parking area as per supplementary agreement dated 30/07/1997. He also raised claim on other counts such as not forming of society, issue of share certificate, assignment of lease in favour of society etc. He further claimed relief to attend deficiency in service due to leakage in his flat nos. 11 &12 or in the alternative reimburse him the cost of leakage repairs. Consumer complaint was accordingly filed on 08/02/2001.