K. JANAKAMMA Vs. JANAPRIYA ENGINEERS SYNDICATE

JUDGEMENT

(1.) The appeal is filed by the complainant against the order of dismissal of her complaint passed by the District Forum, R.R. District in C.D.No.780 of 2008.

(2.) The facts of the case as narrated by the complainant are that the complainant had booked flat No.4209 in second floor of IV block admeasuring 1400 sft with proportionate undivided share of land of 25.93 sq.yards for a total sale consideration of Rs.8,55,440/-. The opposite parties agreed to give concession of 3% discount as she was a senior citizen. The flat was agreed to be constructed and delivered possession of at the end of January 2005. It was agreed that the complainant has to pay the sale consideration as per the schedule mentioned in the application form and also as per the progress of the construction work. The complainant used to pay the amounts in phased manner. The opposite parties executed the sale deed on 4.5.2006 in respect of the undivided share of land and at the time of execution of the sale deed, the complainant paid a sum of Rs.1,87,190/- towards sale consideration mentioned in the sale deed and also stamp duty and registration charges. The complainant paid a total sale consideration of Rs.9,80,190/- to the opposite party. The opposite party did not deliver the possession of the flat in the month of January 2005 as promised.

(3.) The opposite party collected an excess amount of Rs.1,24,650/- and failed to deliver the possession of the flat. As the possession of the flat was not delivered, the complainant was forced to live in a rented house by paying a sum of Rs.6,000/- towards the rent. Hence the complainant filed the complaint before the District forum seeking direction to the opposite parties to pay loss of rents @ Rs.6500/- per month from February, 2005 till the date of actual delivery of the possession of the said flat or in the alternative to pay interest @ 18% on Rs.8,55,540/-, to complete the flat no.4209 in all respects, to pay excess amount of Rs.1,24,650/- collected by the opposite parties from the complainant with interest and to pay Rs.1,50,000/- towards liquidated damages.