H.M. CONSTRUCTIONS Vs. KISHAN VITHAL RAO KULKARNI

JUDGEMENT

(1.) In this revision petition, there is challenge to order dated 30.5.2006, passed by Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short, 'State Commission').

(2.) Respondents/complainants case is that they paid a sum of Rs.15,26,000/- for purchase of apartment constructed by the petitioner/opposite party. Pursuant to the said payment, respondents were put in possession of the flat in the month of August, 1994. It had been agreed between the parties that for the extra work done by the petitioners, the respondents are liable to pay a sum of Rs.72,449/-. Despite handing over the possession to the respondents, petitioners are not executing the sale deed. Accordingly, respondents filed complaint before the District Forum.

(3.) In response, petitioner in its written statement took the plea that since respondents are liable to pay for the extra work, the sale deed could not be executed. However, it has been admitted by the petitioner that possession was given to the respondents in the year 1994.