CHRISTINA SOLOMAN DAVID Vs. VIKRAM DAVE

JUDGEMENT

(1.) Mr. N. B. Karmaran, A. R. for the complainant. None for the O. P. although duly served and proof of service filed. (For brevity's sake hereinafter parties shall be referred to as 'gala Purchaser' and 'builder' ). Complainant is the Gala Purchaser and O. P. is the Builder.

(2.) The complaint has been filed by the Gala Purchaser seeking possession of the Gala in question of the area of 715 sq. ft. in a Project of the Builder at Mira Road, Ground Floor in building known as Shivam, 'a' Wing situated at Sheetal Nagar, Bhaktiveer Co-op. Society at Mira-Bhayander, District Thane. It is the case of the Gala Purchaser that by Agreement dated 28th February, 1998 which is marked as 'exhibit-P Collectively' to the complaint, he agreed to purchase a Gala for total consideration of Rs.6 lakhs and Builder was to hand over the possession on 30th June, 1998. The Gala Purchaser has paid agreed consideration of Rs.6 lakhs as under : rs.3 lakhs on 28th February, 1998 rs.3 lakhs on 20th May, 1998

(3.) However, possession was not made over. It is the case of the Gala Purchaser that he approached the Builder on several occasions requesting for possession of the Gala but there was no favourable response. The complainant-Gala Purchaser alleges that Builder used to be evasive. As the Builder did not honour his commitment of completion of the construction of the Gala and hand over the possession as per Agreement that this complaint has been filed.