MANOJ JAIN Vs. VAMSI CONSTRUCTIONS PVT. LTD

JUDGEMENT

(1.) This is an appeal filed by the unsuccessful complainant before the District Forum-II, Hyderabad in C.D.No.146/2001 filed on 29-1-2001.

(2.) The facts that led to filing this appeal are briefly as follows;

(3.) The complainant purchased a flat from the opposite party, developer, by virtue of an agreement of sale dated 2-6-1997 with a plinth area of 1897 sq. ft. along with 1000 sq. ft. of open area presently flat No.607 ( at that time flat No.509) for a consideration of Rs.16,12,450/- along with an undivided share of land admeasuring 64 sq. yds as also a car parking lot in the project called Vamsi Paradise developed by the opposite party. The opposite party agreed to hand over possession of the said flat on or before 30-10-1998. Accordingly opposite party received advance amount or part of sale consideration but eventually violated the conditions under the agreement. He did not hand over the flat to the complainant within the stipulated time. The complainant also pointed out several defects in the construction including the flooring as the opposite party used very bad and cheap quality material etc., According to him, he himself brought the marble and the opposite party deducted the amount. He also pointed out various other deficiencies in the execution of the work agreed for by the opposite party. He did not deliver the flat till 10-3-2000. For the delayed period he was obliged to pay rent at the rate of Rs.2/- per sq. ft. per month amounting to Rs.61,400/-. He delivered open area of 300 sq. ft. only as against 1000 sq. ft. as agreed. Though he agreed to compensate by installing 3 air conditions, he backed out. He altered the flat. He made illegal constructions. He demanded Rs.10,000/- to pay to M.C.H. people for regularization and made the complainant pay the same. The complainant sought from the opposite party the execution of sale deed for flat No.607 and parking lot No.42. Ultimately his grievances came to be given a collective shape by way of prayer set out as under: