GEETHA BHAT Vs. ADARSH DEVELOPERS

JUDGEMENT

(1.) THE complainants have filed this complaint seeking for a direction to the OP to register the sale deed and deliver vacant possession of the Apartment/Flat letters of even dated 5.10.2006 and this termination, according to the complainants, is not in accordance with the terms of the agreement entered into between the parties and there is no valid termination.

(2.) THE further case of the complainants is that the OP has sent the cheque for Rs. 4,18,205 and Rs. 14,01,059 by deducting a sum of Rs.50,000 in respect of each of the flats subsequent to the cancellation of the allotment by two letters of even dated 5.10.2006. Though the said cheques were sent they were not encashed for a considerable time and ultimately before the expiry of six months the said cheques were encashed and the said amount has been deposited in the fixed deposit. This was stated so in the complaint only to show that the complainants have received the said amount under protest.

(3.) THE further case of the complainants is that after the receipt of the letters of even dated 5.10.2006 cancelling the allotment, the complainants have approached the OP to resolve the dispute amicably and to execute the sale deeds after the receipt of the balance amount with interest as per the terms and conditions of the Agreement of Sale. Since the opposite party has not come forward to resolve the dispute the complainants have issued a legal notice dated 3.3.2007. The said legal notice, no doubt, replied by the OP by its reply dated 17.5.2007. After the receipt of the reply notice from the OP, the complainants having found that the OP is not willing to comply with the demand made in the legal notice have filed this complaint alleging deficiency in service on the ground that there is no proper termination or cancellation of the allotment.