DHARMAPURI VENKATESWAR RAO Vs. SRINIVASA CONSTRUCTIONS

JUDGEMENT

(1.) The complainant is the appellant. The District Forum has dismissed the complaint of the complainant hold that the complainant is not a consumer within the provisions of the C.P.Act.

(2.) The factual matrix of the case is that the appellant is the owner of premises bearing Dr.No.7-1-237/4 admeasuring 40 sq.yards situated at Balkampet Hyderabad and he had entered into development agreement for construction of a building on the site and as per the terms of the development agreement the respondents agreed to construct building and deliver the share of the land owners who include the appellant herein and three other owners of neighbouring premises. It was agreed that incase the respondents failed to complete the construction of the building within 18 months, the respondents would pay monthly rent to the appellant. As per the memorandum of understanding dated 5.11.2005 the appellant is entitled to 45% of the total constructed area in the ground floor, 45% of the constructed area in the third floor. The appellant has filed the complaint complaining of non-allotment and non-delivery of his share of the apartments. It is also complained that the respondent had not completed the construction of the building by 5.5.2007 which is the cut off date mentioned in the development agreement.

(3.) On behalf of the respondents it was contended that the stipulated period of 18 months for handing over possession of the appellant's share would expire on 17.1.2009 and not on 5.5.2007. It is stated that the complaint is premature as the date of expiry for delivery of possession of the apartment has not been over and that the construction of the building has been completed except few minor attending works which could not be completed due to legal impediments created by one of the co-owners BV Arunajyothi who filed suit O.S.No.6393 of 2007 before the Court of Junior Civil Judge, Hyderabad and C.C.No.34 of 2008 before the District Forum, Hyderabad.