PATRICIA ROBERTS & ANR Vs. WIBRO CONSTRUCTION

JUDGEMENT

(1.) AN agreement for sale dated 01.04.1998 was executed between the parties namely Mrs. Patricia Roberts and Mr. Pathrose Roberts on one hand and the respondent/complainant M/s Wibro Constructions, a company registered under the Provisions of the Companies Act on the other hand, on 01.04.1998 whereby the petitioners purportedly agreed to sell one flat situated on the ground floor of a building to the respondent for a total sale consideration of Rs. 2,25,000/ -. It was recorded in the aforesaid agreement that an amount of Rs. 2 lacs had been received by the petitioners as advance payment and the balance payment of Rs. 25,000/ - shall be paid on the date of execution of sale deed. Since no sale deed in favour of the complainant was executed, it approached the concerned District Forum by way of a complaint, seeking the following reliefs:

(2.) THE complaint was resisted by the petitioners primarily on the ground that the transaction between the parties was a loan transaction whereby a sum of Rs. 2 lacs was agreed to be lent to them by the complainant/respondent. It was further stated in the reply that the complainant/respondent paid only a sum of Rs. 1.5 lacs to the opposite parties/petitioners by way of a cheque of that amount in favour of Karnataka Bank, balance amount of Rs. 50,000/ - was never paid.

(3.) THE District Forum, vide its order dated 30.07.2007, directed the petitioner no. 1/opposite party no. 1 to execute the sale deed of flat in question in favour of the complainant and hand over possession of the said flat to it. A sum of Rs. 10,000/ - was awarded as compensation to the complainant.