K. VENKAT RATNAM Vs. S.V.NAGESHWARA RAO

JUDGEMENT

(1.) This revision petition has been filed by the Builders and Developers, who were opposite parties before the District Forum Rangareddy District, in CC No.158 of 2008. The District Forum had allowed the complaint against the petitioners and ordered refund of the amount paid by the Complainant with 12% interest and Rs.40,000/- compensation. Their appeal was partly allowed by the Andhra Pradesh State Consumer Disputes Redressal Commission, which confirmed the order of the District Forum, only disallowing the compensation of Rs.40,000/-, which was ordered by the District Forum.

(2.) The case of the Complainant was that he had agreed to purchase a flat in Hyderabad from the revision petitioners under an agreement of sale of 14.11.2007. Rs.600116/- was paid by the Complainant against the total agreed consideration of Rs.3050000/-. Allegedly, the OPs had committed serious deviations in this construction from the approved plan. The Complainant therefore, asked them either to adhere to the agreement or to refund the money paid. In response to this, the OPs issued a legal notice to the Complainant on 25.3.2008. As per the joint written response of the OPs before the District Forum, construction of the flat was completed in December, 2007. Except for flat no.203, allotted to the Complainant, all other flats were occupied by their owner purchasers.

(3.) Per contra, the case of the OPs was that under the agreement of 14.11.2007, the Complainant was required to pay the balance of the price of Rs.30.5 lakhs within 30 days. The Complainant paid only Rs.6 lakhs and raised issues about constructions without paying any further amounts. The OPs even arranged a housing loan of Rs.18 lakhs from ICICI Bank in December, 2007, but the Complainant did not draw the amount. Therefore, the legal notice of 4.3.2008 was issued by the OPs.