SAMARTH ASSOCIATES ENGINEERS AND BUILDERS PARIJAT APARTMENT Vs. RAMESH RAMCHANDRA LOKHANDE RAMANANDNAGER

JUDGEMENT

(1.) Mr. Ramesh Ramchandra Lokhande, the complainant in this case, agreed to purchase a flat bearing No.402, having super built area of 760 sq.ft., for a total consideration of Rs.8,75,000/-. The complainant paid a sum of Rs.25,000/- to the Builder Samarth Associates Engineers & Builders and its Partners, Sh. Sarang Suyresh Kulkarni and Sh. Suhas Sadashiv Kulkarni, the petitioners, who were the Opposite Parties, in the complaint. A receipt dated 19.11.2009, was issued to the complainant/ respondent, which runs as follows :-

(2.) There is no dispute about these facts. On 18.07.2010, the Builder, wrote to the complainant, inviting him to deposit a sum of Rs.6,00,000/- and got registered agreement, within a period of 8 days (eight days). The complainant did not respond. On 05.02.2010, the Builder, sent a notice to the complainant and informed him that the agreement with him stood terminated and an amount of Rs.25,000/-, already paid by him, as Earnest Money, stood forfeited. The complainant, immediately approached the Builder and explained that he intimated the Builder on 22.07.2010, for making the payment, when the complainant went there, nobody was available. He waited for few hours. He visited the Builder, again, on 07.08.2010. However, the Builder refused to accept the payment at that time. The complainant brought to the notice of the OPs that he was ready and willing to make the payment.

(3.) Aggrieved by OPs refusal, the complainant filed a complaint before the District Forum. The District Forum, after evaluating the evidence on record, directed the OPs to execute the Conveyance Deed of the flat in question and give possession of the flat by accepting the remaining amount of Rs.8,50,000/- from the complainant against the Conveyance Deed and if the complainant is in need of other amenities, mentioned in the Receipt No.376, dated 19.09.2009, then the amount be paid in that respect. The complainant was directed to pay all the amount till 31.07.2011. Costs of Rs.3,000/- was also imposed against the OPs for causing physical and mental harassment. The parties were given one month time to comply with the said order, rendered on 16.06.2011.