K.V. KARNEESWARAN Vs. LAKSHMI BUILDERS (P) LTD

JUDGEMENT

(1.) The unsuccessful complainant in OP.No.369/2000, on the file of the District Forum, Chennai (South), is the appellant.

(2.) The complainant/appellant, is the original owner of the land, comprised in Survey No.50/A TS No.4/14, Block No.9, Velachery Village, measuring an extent of 3450 Sq.ft. The complainant, sold the said property to the 1st opposite party, retaining 750/9000 undivided share.

(3.) The opposite parties, promised to develop the land, for which a Development Agreement, was entered into on 25.8.1995, under which, the opposite parties agreed and promised to complete the construction of the building apartments, within 12 months, from the date of handing over the vacant possession of the property, by the complainant, which was handed over accordingly on 19.11.1995. It is for the opposite parties to employ its own technical experts and other persons to carryout the applications, including the constructions, under the agreement. The opposite parties, have failed to complete the construction as agreed, when questioned, they have agreed to complete the list of works, as catalogued in para 10 of the complaint. In addition, even after taking possession of the flat, the opposite parties failed to refund the sum of Rs.25000/-, being the cost of the deficit 50 sq.ft., since they have not handed over the area as agreed. By their acts, the opposite parties have committed not only breach of contract, but also committed deficiency in service. Despite repeated requests to complete the work, including the common work pending in the apartments, the opposite parties failed, and therefore the petitioner is constrained to move the Consumer Forum, for appropriate reliefs as claimed in the prayer column.