P RAMA DEVI 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.202, 2nd floor admeasuring 1350 sft bcaring D.No.6-3-596/51/A/201, (presently known as Viswa Sai Residency) situated in Plot No.33, Venkataramana Colony, Khairathabad, Hydcrabad; to pay compensation of Rs.3,00,000/- towards causing inconvcnience, 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 Opposite party No.4 for sale of Flat in 2nd floor front portion measuring 1350 sft including common areas for a consideration of Rs.5,73,750/-.

(3.) In accordance with the said agreement, the Opposite party No.4 stated to have paid Rs.10,000/- as advance and agreed to pay the balance as per the progress of work. However, Opposite party No.4 further paid the sum of Rs.3,00,000/-. On 05.02.2000, the Opposite parties 1, 2 and 4 have jointly executed an agreement of sale in favour of the Complainant transferring the said flat bearing No.202 for a consideration of Rs.6,73,750/- for which, Complainant paid Rs.3,00,000/- to the Opposite party No.4 and Rs.1,91,848/-to the Opposite party No.2 and agreed to pay the balance amount of Rs.81,902/- to the Opposite party No.2 at the time of registration of the flat. The flat was completed in all respects and delivered to the Complainant on 10.02.1999 itself but failed to execute the sale deed yet. 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.