BULANI BUILDING CO Vs. PRADEEP GOVINDAM

JUDGEMENT

(1.) This revision is directed against the order dated 11.9.1998 of Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram dismissing appeal against the order dated 17.6.1996 of a District Forum whereby petitioners/opposite parties were directed to provide a car shed within six months against payment of Rs. 10,000/- by the respondents/ complainants failing which petitioners were to pay to the respondents an amount of Rs. 50,000/-.

(2.) Dispute between the parties pertains to providing of car garage only. For deciding that controversy, the allegations made in complaint and written version need not be referred to in detail. Indisputedly, agreement dated 18.1.1989 (copy at pp 63-69) was entered into between the parties and Clause No. 18 thereof which is material, reads thus: "The builders have agreed to construct a shed in 'A' Schedule for those purchasers who are prepared to pay an extra amount of Rs. 10,000/- for car and Rs. 2,000/- for a shed for two-wheeler and this amount is payable on demand by the builders." Expression 'builders' refers to petitioners while 'purchasers' to the respondents in the clause. Contents of letter dated 14.1.1995 sent by the respondents to the petitioners (Copy at p. 21) also need be reproduced and after omitting immaterial portion, those run as under: "With reference to your notice dated nil regarding scooter parking facility, I am enclosing herewith my cheque bearing No. 363260 dated 14.1.1991 drawn on the State Bank of India for Rs. 1,000/- as required. Please allot parking space in the garage for two-wheeler scooter for me. Further as per our agreement, you are also to allot a garage to me for Rs. 10,000/-. You had also informed me, that this amount of Rs. 10,000/- will be payable to you on receipt of your demand for the same. I have, however, not received your demand for the said payment so far and have also not been allotted with a car garage so far. I request you to also look into the matter and arrange for a car garage to be allotted to me at the earliest."

(3.) On 15.3.1991, respondents got a legal notice issued through Counsel to the petitioners for providing car garage. In response thereto, the petitioner sent letter dated 18.4.1991 (copy at p. 24) only stating that they had nothing to do in the matter.