ROHIT KOTHOTIA Vs. CHATHURBHUJA ENGINEERS AND DEVELOPERS

JUDGEMENT

(1.) The three complainants joined together to raise a common grievance against the opposite party builder. The first complainant wants to withdraw the complaint. Hence the complaint is dismissed so far as the first complainant is concerned. The second complainant has not filed any agreement entered into by him with the opposite party in his favour. As such we are unable to grant any relief in his favour and hence the complaint is dismissed so far as the second complaint is concerned.

(2.) The third complainant entered into an agreement with the opposite party on 8.2.1993 marked Ex. A -1. According to which she agreed to purchase flat No. 20C in the second floor in œPleasant Homes  of an area of 1056 sq. ft. together with proportionate share of land for a consideration of Rs. 2,13,000/ -. She also entered into another agreement for amenities on 11.2.1993 marked Ex. A -2 which is for a sum of Rs. 2 lakhs. A sale deed dated 30.3.1995 under Ex. A -3 for flat 20C together with proportionate share of land was obtained by her. But the flat was not completed. Minutes were recorded on 25.11.1995 under Ex. A -4 stating as follows :

(3.) In the written version filed by the opposite party, it is stated that the flats were constructed and handed over before time to the parties who paid the amounts as per the agreements. A civil case was filed against the Municipal Corporation of Hyderabad by the Landlord, wherein status quo as on 30.7.1997 was granted. The Municipal Corporation of Hyderabad would not have given permission to construct flats without drainage, water and electricity. There is one lift existing and the other one will be installed after the suit is disposed of and the remaining flat owners paid the charges. For transfer of electricity meters the complainants have to file an application in the Electricity Office and the opposite party is ready to assist them by rendering whatever help is required.