LAWS(NCD)-2021-11-42

PROMOD BALAKRISHNA PILLAI Vs. PATEL ENGINEERING LTD.

Decided On November 25, 2021
Promod Balakrishna Pillai Appellant
V/S
PATEL ENGINEERING LTD. Respondents

JUDGEMENT

(1.) Complainants are husband and wife. The Opposite Parties are Builders and Promoters of the Residential Project in the name and style "Townsville" at Newtown, Bangalore South. Opposite Part is subsidiary of Opposite Party No.1. Opposite Party No.2 was later merged with Opposite Party No. Opposite Party No.3 entered into Joint Development agreement with the Opposite Party No.1 for the completion of the aforesaid project.

(2.) The case of Complainants is that they booked a residential unit in the "Townsville" project, Ne Bangalore South by depositing a sum of Rs.5,00,000.00. The Complainants were allotted unit No.8A, BHK-Garden, vide allotment letter dtd. 22/6/2011. The project was to be constructed on the land i Hulimangala Village, Jigani Hobli, with a saleable area of 3424 sq. feet, inclusive of proportionate sh common areas with two closed car parks. Opposite Party No.2 issued demand note dtd. 29/9/2011 sum of Rs.14,76,680.00 towards payment of instalment. On 10/1/2012, builder-buyer agreement was executed between the Complainants and Opposite Party No.2. According to the agreement, the paym schedule was as follows: -

(3.) The demands raised by Opposite Party No.2 were fulfilled by the Complainants by paying upt instalment. The details of payment made by the Complainants are given below:-