DEEPAK ANNASAHEB PATIL Vs. KAUSHALI VILAS ROKADE

JUDGEMENT

(1.) This order will decide two revision petitions which arise from the same judgment. The petitioners/OPs, Sh. Deepak Annasaheb Patil & Smt. Jayashree Kishanrao Nade are the partners of M/s. Sunil Farm Engineering Company which transacts the business of construction and development of property. The Chairman, Tuljabhavani District Stadium Committee, Osmanabad and its Collector, Collector Office, Osmanabad, OP3, undertook the project of construction of shopping complex at the Stadium of Osmanabad. On 22.05.2008, OPs 1 & 2 agreed to develop the property of OP3 by construction of shopping complex and the said constructors & developers company was authorized to transfer the shops on lease basis for the period of 30 years in favour of occupiers. The necessary permission of local authorities was obtained.

(2.) OP 1 & 2 published advertisement in the newspaper inviting the prospective purchasers. Both the complainants, Dr. Kaushali Vilas Rokade and Dr. Adinath Sopan Rajguru applied for purchase of shops bearing Nos.30& 29, measuring 177.00 sq.ft, for a consideration of Rs.6,31,000/-, each, respectively. The payments were made by both the complainants to the OPs 1 & 2, in the sum of Rs.3,33,000/- each. According to the complainants, they had also made payment of Rs.8,000/- and Rs.7,000/-, respectively. The complainants were always ready and willing to pay OPs 1 & 2 to pay the balance amount.

(3.) However, there was another development in respect of the construction of the shops. OPs 1 & 2, without seeking the consent of the complainants and without serving any notice, made changes in the sanction plan, making additional construction in open space in front of the shops. The complainants were asked to pay extra amount for extra construction at the same rate. They insisted that the shops be handed over to them, as per the agreement.