LINGAMPALLI BANGAR RAJU Vs. OMNA CONSTRUCTIONS

JUDGEMENT

(1.) This is a complaint filed under Section 17(l)(a)(i) of the Consumer Protection Act, 1986 by the Complainant praying to direct the Opposite parties to execute the sale deed conveying the title flat No.201, 2nd floor admeasuring 1084 sft bearing D.No.6-3-596/51/A/201, (presently known as Viswa Sai Residency) situated in Plot No.33, Venkataramana Colony, Khairathabad, Hyderabad; to pay compensation of Rs.3,00,000/- towards causing inconvenience, hardship and mental agony and costs of Rs. 1,00,000/-.

(2.) The case of the Complainant, in brief, is that Opposite party No.3 being owner of Plot No.33 admeasuring 330 Square yards, situated in survey number 260 (old) new number 129/12, Shaikpet village (presently known as Venkataramana Colony), Khairathabad, Hyderabad entered into development agreement on 07.07.1992 with Opposite party No.l for construction of residential complex. As the same could not be materialized, they approached Opposite party No.2 and entered into another Development Agreement on 30.08.1993. In pursuance of the said agreement, the Opposite parties 1 and 2 entered into an agreement on 06.08.1996 with the Complainant for sale of Fiat in 2nd floor front portion measuring 1084 sft including common areas for a consideration of Rs.4,87,800/-.

(3.) In accordance with the said agreement, the Complainant paid Rs.10,000/- as advance and the balance to be paid as per the progress of work. However, complainant paid Rs.4,13,000/- as against Rs.4,87,000/-. The OP No.l handed over the possession of the flat on 29.12.1997 in incomplete stage but failed to execute the sale decd. On account of certain disputes in between Opposite parties 1 and 3, OP No.3 filed suit bearing OS No.122 of 1998 on the file of XII'Additional Chief Judge, City Civil Court, Hyderabad against OP No.l, as a result of which, the execution of sale deed is kept pending, however, the suit ended in dismissal on 22.10.2002.