K. VENKAT RATNAM Vs. S.V. NAGESWARA RAO

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.158/2008 on the file of Dist Forum, Ranga Reddy Dist., the opposite parties preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant entered into an agreement dt.14.11.2007 for purchase of a flat no.203 in 2nd floor of Sadguru Krupa Residency with a total plinth area admeasuring 1310 sq. ft. including common areas with an undivided share of land admeasuring 40 sq.yds. out of the total land admeasuring 375 sq.yds. on H.No.11-11-13 on plot no.15, S.No.9/1/G situated at Telephone Colony, R.K.Puram, Saroornagar Mandal, Ranga Reddy Dist for a sale consideration of Rs.30,50,000/- and the complainant paid Rs.6,00,116/- towards advance. Thereafter the opposite parties were not willing to perform their part of obligation despite repeated oral reminders. The opp.parties refused to furnish a copy of the approved plan to the complainants despite their repeated requests for the same and also committed serious deviations from the approved plan in constructing an additional floor. The opposite parties have installed a lift accommodating only three persons as against the promise of six persons and provided narrow and restricted steps in the staircase and constructed G+ 3 instead of the sanctioned G2 in total transgression of the approved plan. The complainant demanded the opposite parties to adhere to the agreement or in the alternative to refund entire money paid over to the opp.parties along with interest, but the opposite parties have refused to comply with the demands of the complainant. Opposite parties got issued a legal notice on 4.3.2008 with false and frivolous allegations for which the complainant gave a reply dt.25.3.2008. The opp.parties committed breach of contract by deviating from the approved plan in construction which amounts to deficiency in service . Hence the complaint seeking direction to the opposite parties to refund an advance sale consideration of Rs.6,00,116/- which was paid to the opp.parties, to pay compensation of Rs.50,000/-, to pay interest @ 18% p.a. on Rs.6,00,116/- i.e. Rs.74,700/- and to award costs.

(3.) The opposite parties filed counter contending that the complainant has to pay Rs.30,50,000/- towards the sale consideration of the flat as per the agreement of sale dt.14.11.2007 and the complainant paid only Rs.6,00,116/- towards advance and remaining balance of Rs.24,50,000/- was due to be paid to the opp.parties At the request of the complainant, the opposite parties arranged for loan of Rs.18 lakhs to the complainant from ICICI bank , Dilsukhnagar in the month of December,2007 and completed all the formalities for release of loan and registration. Instead of taking the loan, the complainant simply kept quiet for months together on the ground that remaining amount of Rs.6,50,000/- (advance amount of Rs.6,00,116/- + loan amount of Rs.18 lakhs =Rs.24 lakhs) out of the total consideration of Rs.30,50,000/- was not paid. Hence the opp.parties got issued legal notice dt.4.3.2008 calling upon the complainant to pay the entire balance amount of Rs.24,50,000/- and to get the flat registered in his favour within a period of one week from the date of receipt of the same failing which the agreement will be cancelled and the entire amount will be forfeited for which the complainant gave reply dt.25.3.2008 with false allegations . The opp.parites denied that they have committed deviations of the approved plan and submit that the loan was arranged and granted by the Bank after going through the approved plan and other relevant documents only. The complainant knowing fully well about the provision of lift with three persons capacity entered into agreement and paid the advance amount and the complainant is estopped form contending the same after executing of the agreement. Opposite parties have taken steps to regularize construction of G+ 3 floor and have paid amount to regularize the entire building to the State Government as per the guidelines in this regard in the month of June, 2008 and regularization order is in process. The opposite parties submit that except the flat allotted to the complainant all other flats were occupied by the flat owners . On account of the delay on the part of the complainant, the opposite parties sustained loss as they have to pay interest on the loans taken for the purpose of construction of the flats and hence the complainant is not entitled for refund of the money paid to the opp.parties. The opp.parties submit that there is no deficiency in service on their behalf and prayed for dismissal of the complaint with costs.