VITTHALA USHA RANI Vs. VISHAL PROJECTS LTD

JUDGEMENT

(1.) This is a complaint filed by the complainants the daughter and her mother respectively for execution of sale deeds for the houses on plot Nos.. B14 & B13 besides compensation and costs.

(2.) The case of the complainants in brief is that the opposite party builder offered to sell two houses on plot Nos. B14 & B13 for a sale consideration of Rs. 18,75,000/- each. They agreed and entered into two separate agreements of sale on 12.1.2006. They paid Rs. 4 lakhs each. Balance of Rs. 14,75,000/- is payable as per schedule viz., Rs. 5,90,000/- each before completion of slab work, Rs. 1,47,500/- before completion of brick work. The builder has agreed to construct the houses within 12 months with a grace period of three months. In the event of delay in construction it had agreed to pay Rs. 2,000/- per month while they were liable to pay Rs. 25,000/- towards electricity charges and other extra works if any. Accordingly on 21.2.2006 they paid Rs. 6 lakhs. On 11.4.2006 the opposite party requested the second complainant to pay Rs. 14,75,000/- towards further instalments alleging that the Government of A.P. had introduced service tax at 4.21% and VAT at 1% on agreement value and Rs. 45,000/- towards approximate registration charges totaling Rs. 1,42,688/- towards each house. It also requested one of them (second complainant. to pay further instalments of Rs. 20,55,000/- and if no amount was paid the agreement would be cancelled. Accordingly they had issued self cheques dt. 14.11.2006 for Rs. 10 lakhs each drawn on Punjab National Bank, Golkonda X Roads, Hyderabad, since the opposite party requested to pay the amount in cash. They had to pay Rs. 1,75,000/- each towards balance which was payable at the time of registration towards last instalment. Despite their repeated requests to encash the cheques and take balance of amount it has been postponing on one pretext or the other and finally it has sent two a/c payee cheques dt. 28.6.2007 for Rs. 7 lakhs each without any covering letter. However, they did not encash the cheques. Sensing its attitude they have issued legal notice for which it did not choose to give any reply. Alleging deficiency in service on its part, the complainants filed the complaint directing it to construct and handover possession of house Nos. B14 & B13, execute sale deeds in their favour besides compensation of Rs. 50,000/- and costs of Rs. 25,000/-.

(3.) The respondent resisted the case. While admitting execution of agreements of sale for a sale consideration of Rs. 18,75,000/- each, however alleged that the complainants had paid Rs. 6 lakhs together but not Rs. 6 lakhs each as alleged in the complaint. It has not received any cheques for Rs. 10 lakhs each as alleged by the complainants. Since the complainants did not pay despite its repeated reminders and intimations, it had returned the cheques while canceling the agreement of sale with a covering letter dt. 28.6.2007. The complainants had kept quiet after receipt of cheques without encashing the same. Though it had received legal notice since the agreements of sale were cancelled and the amounts were returned it felt no need to give any reply. The complainants are not entitled for the houses. It has constructed the houses within the agreement period and informed the same from time to time. The complainants never responded to any of these notices. They had failed to pay as per the agreed schedule of payments. This Commission has no jurisdiction to entertain the complaint. The agreements constitute separate and distinct transactions. The complaint by two different individuals is not tenable. Therefore it prayed for dismissal of the complaint with costs.