BHAVANA DHIRENBHAI LANGALIA Vs. BHARGAV H DESAI

JUDGEMENT

(1.) BY way of this complaint the complainant has prayed for refund of the price of the flat in question in the sum of Rs. 8,00,000/ - paid by her to the opponent and interest in the sum of Rs. 3,00,000/ -, in all Rs. 11,00,000/ - on following brief allegations of facts:

(2.) ACCORDING to the complainant, status of the work at site remained as unfinished even till the date on which the complaint was filed on or around 5.5.2001. The complainant has also made grievance with regard to inferior quality of work and damage caused to the pillars and walls in the earthquake that shattered the whole of the State of Gujarat on 26.1.2001. The complainant has, therefore, prayed for the aforesaid reliefs.

(3.) THE opponent has filed written statement at Exh. 5. While denying the allegations contained in the complaint, he also asserted that the same is barred by limitation, that the complainant has not made full payment of the consideration agreed upon between the parties, that the balance amount payable by the complainant to the opponent would run into around Rs. 6,00,000/ -, that there is no intentional delay on the part of the opponent in completing the construction inasmuch as there was heavy rains in July 2000, that on 26.1.2001 there was earthquake, that there occurred financial difficulties during the last three years and that under such circumstances, there was delay on the part of the opponent in completing the construction. Rest of the allegations contained in the complaint have not been admitted by the opponent. According to the opponent, this complaint cannot be entertained in view of the provisions contained in Sections 96 and 166 of the Gujarat Co -operative Societies Act, 1961. The same is, therefore, sought to be dismissed with cost.