M K DEVELOPERS Vs. ASHOK KUMAR

JUDGEMENT

(1.) COUNSEL for the parties, heard. Sh.Ashok Kumar and Smt.Anupama S. Swamy, the respondents/ complainants, booked a flat from M/s. M.K.Developers, petitioner/OP. They paid a sum of Rs.25,000/ - on 23.01.2006, as booking amount. The total cost of the flat was Rs.7,80,000/ - plus other expenses for light parking, registration, lift, etc. The total consideration was in the sum of Rs.9,00,000/ -, inclusive of all expenses. The counsel for the petitioner/OP has frankly stated at Bar that no agreement was arrived at between the parties till now and that is why they were in a position to cancel the flat. He further submits that it is mandatory under the Maharashtra Ownership Flat Act that 25% of the amount must be paid before the agreement is executed. The counsel has also invited our attention towards the demand notice dated 19.07.2006. However, that demand was not made by the complainants and, therefore, the petitioner/ OP cancelled the booking vide letter dated 28.10.2006. The above said demand and cancellation was made without any agreement. The OP was asked to enter into the agreement, but it avoided the same, on one pretext or the other, as per the complainants' case. Thereafter, without making any further payment, except, Rs.25,000/ -, the complainant wanted the flat.

(2.) THE Fora below have decided the case against the OP. The District Forum passed the following order ; -

(3.) WE have heard the counsel for the parties. Counsel for the petitioner has reiterated that according to Maharashtra Ownership Flat Act, the petitioner was not supposed to execute the agreement, unless 25% of the money was received by it and that the District Forum has no jurisdiction to ask him to execute the agreement.