SYNDICATE BANK Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS complaint has been filed by the complainant M/s. Syndicate Bank against the opposite party, Bangalore Development Authority alleging deficiency on the part of latter by way of delayed delivery of flats.

(2.) BRIEFLY , the facts of the case are that the respondent floated a "Self Financing Housing Scheme" presumably in 1982 and the complainant booked 250 flats in all. The original plan was modified and in terms of the new scheme, the complainant applied for fifteen houses under Raj Mahal Vilas IInd Stage, Bangalore under H.I.G. Group. L.I.G. Flats booked earlier were surrendered. As per letter dated 22nd August, 1985, the opposite party promised to deliver the houses by December, 1986. All the payments as per demand letters of the opposite party as per scheme, were made in time. Yet, in spite of assurance from time to time, the respondent could deliver possession of only four plots, 3 in December, 1989 and one in May, 1990. It is in respect of balance 11 houses that the complaint was filed in February, 1995. It is the case of the complainant that in spite of promise to deliver the houses in December, 1986 and in spite of having made full payment, the possession of 11 houses has not yet been given indicative of deficiency in service on the part of the opposite party and praying for following reliefs :

(3.) ONE affidavit each by way of evidence was filed by both the parties. An additional affidavit by way of evidence was also filed by the respondent.