UNNI KODERY MENON Vs. CYMA EXPORTS PVT LTD

JUDGEMENT

(1.) In this complaint, the complainants have sought the following reliefs : "we request your honour to kindly get us immediate relief for the following : (a) stop the promoters from canceling the agreement and selling the said flat to any one else; (b) ask the promoters to complete the construction of the flat/building as per the specifications and agreement as early as possible; (c) complete all common utility areas and provide club house, swimming pool etc. as stipulated in the original specification; (d) the construction of all building/utilities to be done strictly as per original Bangalore Municipal Corporation approved plans and get occupation certificate complying all requirements including electricity, water and sewerage connections; (e) convey the title of the property by extending necessary conveyances; (f) A compensation of Rs.4,00,000/- (Rupees Four lakhs only) towards our losses and damages mentioned in Clause 17 above. "

(2.) The Opposite Party is a builder. The complainants applied for a flat and the opposite party allotted flat No.8 on the 5th floor in the building to be known as RAJANIGANDHA in Garden apartments, including the un-divided interest in property No.21, Grant Road, Civil Station, Bangalore, which was to be constructed by the opposite party entered into an agreement for the sale of the said flat with the complainants on 24.6.1980, as per Ex. C -. l.

(3.) The complainants paid a sum of Rs.5,000/- to the opposite Party on 24.6.1980, by way of agreement, Ex. C-1 and agreed to pay the balance consideration amount of Rs.2,60,000/-as per the terms specified under Clause 4 of the agreement for sale, Ex. C-1, in instalments on various stages of construction.