DEVAIAH CHOURIRA Vs. CYMA EXPORTS PVT LTD

JUDGEMENT

(1.) In this complaint, the complainant has sought the following reliefs : "14. Under the circumstances mentioned above, the complainant most humbly prays that this Hon'ble Authority may be pleased to take appropriate action against the respondent and direct the respondent to complete the flat in question and direct the respondent to complete the sale transaction by executing the registering the Deed of Sale and put the complainant in possession of the flat in question within a month from this date. Further, this Hon'ble Authority may be pleased to direct the respondent to pay the damages of Rs.8,00,000/- together with interest at 18% per annum from 7.11.1979 till the date of realisation of the amount to the complainant because of the failure of the respondent to complete the construction of the flat as stipulated in the agreement. This Hon'ble Authority maybe pleased to take any other appropriate action against the respondent under the facts and circumstances of the case. "

(2.) The complainant averred that in pursuance of an advertisement and publicity given by the opposite party the builder, the complainant applied for a flat and the opposite party allotted a flat bearing No.2, on the ground floor in Rajanigandha of Garden Apartments, at No.21, Grant Road, Bangalore -1, for a price of Rs.2,95,000/- in the month of Nov.1979. The complainant made an advance payment of a sum of Rs.5,000/- to the opposite party, at the time of executing the agreement for sale, as per Ex. C-1.

(3.) The complainant paid a sum of Rs.5,000/-to the opposite party towards the price at the time of executing the agreement for sale, as referred above, and agreed to pay the balance consideration amount of Rs.2,90,000/-, as per the terms specified under Clause 4 of the argeement for sale, Ex. C-1, in instalments at various stages of construction. As per the terms of the agreement, Ex. C-1, the opposite party was to complete the construction of the apartment and deliver the possession of the same to the complainant, on or before 30.6.1980.