SAFEWAY INFRA Vs. SURENDER REDDY DEVIDI

JUDGEMENT

(1.) By means of present revision petition, the revision petitioner has challenged the order dtd. 10/10/2023 passed in E.A No.5 of 2022 in CC No. 12 of 2021 on the file of District Consumer Disputes Redressal Commission, Medak at Sanga Reddy District (for brevity hereinafter termed as "the District Commission") and to allow this revision.

(2.) For the sake of convenience, hereinafter, the parties will be referred as per their array before the learned "the District Commission".

(3.) The factual matrix of the case is that the complainant Nos. 1 & 2, who are the husband and wife respectively, jointly signed an agreement of sale with the opposite party on 18/12/2014 for purchase of an open plot, bearing plot No. 345 admeasuring 205.77 square yards, at Symphany Park Homes, Patancheruvu Village, GHMC Circle-22 and also to develop and construct a villa comprising of ground plus 1st floor with a salable area of 2203 square feet as per terms and conditions mentioned in the agreement of sale. The complainants took a housing loan from TATA Capital Housing Private Limited to a tune of Rs.41,91,250.00. On 31/12/2014 the opposite party registered the said plot in the name of the complainants after receiving the total amount of Rs.52,31,250.00 which amount was paid by the complainants on various dates towards purchase, construction and developmental charges. However, the opposite party failed to handover the completed villa within the time as agreed date i.e. on or before 18/12/2015 as per the terms of agreement, even though there is about five years delay in completing the villa including grace period of six months. In spite of repeated requests from complainants, the opposite party did not respond in any way. The reluctant act of opposite party and his attitude towards the purchasers was doubtful and complainants came to know that opposite party is a fraudster, who swindles away the consumer's money. In fact, several consumer complaint cases have been filed against the opposite party in the District as well as State Consumer Forum.