LAKSHMI VAIDYANATHAN Vs. HOYSALA BUILDING DEVELOPMENT CO LTD

JUDGEMENT

(1.) In the complaint, the complainant has sought the following reliefs: " (a) direct the opposite party to deliver completed flat No.19 of an area of 850 sq. ft. and register the undivided share in favour of the complainant; (b) on failure to do so direct the opposite party to pay the entire amount paid in a sum of Rs.95,303-74 together with interest at 30% per annum as contemplated under the agreement; (c) direct the opposite party to pay a sum of Rs.25,000/- towards damages; (d) provide for costs. " The facts, briefly stated, are as follows:

(2.) The opposite party - a builder, represented to the complainant that they were builders of repute of flats and apartments and were constructing flats in Palm Grove Road, Bangalore, and offered a flat in the said apartments. The complainant agreed to purchase a flat bearing No.19, known as "mukund Apartment", in consideration of Rs.2,38,257/- i. e. , at Rs.280/- per sq. ft. of an area of 850.92 sq. ft. with an undivided interest of 0.952 sq. ft.

(3.) The complainant further averred that in pursuance of the said agreement in the month of Jan. , 1987, paid a sum of Rs.50,000/- to the opposite party. The agreement was signed on 14.5.1987 and it was registered on 14-8-1988. The balance amount was to be paid by the complainant to the opposite party at different stages of construction as stipulated under Clause 3 of the agreement. The opposite party agreed to handover the possession of the flat on completion of construction within 18 months from the date of agreement, which can be extended by a further period of three months.