SRINIVAS Vs. MANTRI DEVELOPERS PVT. LTD. AND ORS.

JUDGEMENT

(1.) The key question involved in this revision petition is, "Whether, a Builder can take a 'consumer' for a ride, after charging substantial amount of flat price without informing him what is the common area and what are the terms and conditions of cancellation of allotment which were stipulated in an agreement, which was never entered into between the parties, till the filing of this case?".

(2.) The facts germane to this case are these. The complainant, Ch.Srinivas, applied for a flat, bearing No.1903 on 19th Floor, D-Tower, with a built-up area of 198 sq.ft. @ Rs.2,810/- per sq.ft. from the Mantri Developers Private Ltd., OP1 and its Sales Office, OP2. The complainant paid a sum of Rs.3,26,491/-, towards the advance, at the time of booking of the said flat. The complainant was furnished a copy of agreement which did not contain the percentage of common area. He was, however, informed by the Sales Manager that the common area will be 30% of the total built-up area. The complainant insisted that this fact should find mention in the agreement. No agreement was executed in this context and he was informed that the common area will be 35%. The building plan was not yet approved. However, the petitioner was made to sign the printed application form to purchase the flat by paying the above mentioned earnest money. When this point could not be clarified or reduced in writing, the complainant asked for refund of the money. The complainant was informed that an amount of Rs.10,000/- p.m., will be deducted, per month, from the date of booking till the date of cancellation and the amount will be refunded only when the flat was resold.

(3.) On 03.01.2010, the OP cancelled the flat. However, the OP also sent a letter dated 15.01.2010 directing the complainant to pay the installment due as on 15.01.2010. The complainant issued a legal notice dated 15.01.2010 asking the OP to refund the amount.