NEERAJ KAPUR Vs. TATA INFO MEDIA LTD

JUDGEMENT

(1.) The present appeal is being filed against the order of Andhra Pradesh State Commission in Original Complaint No. 41/1994 passed on 26.12.2002 whereby the State Commission was pleased to allow the complaint filed by the respondent and directed the appellant No. 1, M/s. Patel Constructions Company, and appellant No. 2, M.S. Taskeen, Managing Director to convey the flat Nos. 203, 206 and 207 to the first, second and third respondents respectively in the multi-storeyed complex bearing No. 10-5-2/1/2, Masab Tank, Hyderabad.

(2.) The brief facts of the case are as follows : The three original complainants, Dr. Mohd. Amjadullah, respondent No. 1, Mr. Viquaruddin Ahmed Ansari, respondent No. 2 and Dr. Musthaw Ahmed, respondent No. 3 were before the State Commission. Each separately entered into an agreement in 1994 with the opposite party No. 1 who is builder for purchase of a flat each in a building being constructed by the builder. Complainants 1, 2 and 3 respectively are to get plot Nos. 203, 206 and 207. The consideration agreed upon was Rs. 2,52,645/-, Rs. 2,80,368/- and 2,00,000/- respectively. All the three agreements provided for an advance payment of Rs. 1,00,000/- each at the time of signing of the agreements. The agreements also provided that the remaining amount should be paid in cash in regular instalments and that final payment should be made at the time of handing over of the flat. The flats were to be ready within 18 months' time. The builder is required to intimate that the flat is ready for delivery of possession and final payment was to be made within 15 days of such intimation.

(3.) There is no dispute that the three complainants paid the advance amount of Rs. 1,00,000/- each. Subsequently each complainant paid two more instalments on 3.1.1995 and 30.5.1995. After this, the position was that complainant No. 1 was to pay the residual balance of Rs. 52,645/-; complainant No. 2, a balance of 80,365/-; and complainant No. 3 paid the entire amount by 30.5.1995.