SYED NIZAM ALI Vs. ANITA PRADEEP

JUDGEMENT

(1.) The complainants entered into an agreement with the petitioner for purchase of two sites of 1200 sq. ft. each at the rate of Rs. 400/- per sq. ft. in Rajaji Nagar, Lingambudhi Village, Kasaba Hobli, Mysore Taluk, Mysore District by way of an agreement dated 31.07.2006. A sum of Rs. 2,40,000/- was paid by the complainants to the petitioner at the time of execution of the aforesaid agreement. Clause 3 of the agreement which is relevant for the purpose of deciding this petition reads as under:-

(2.) The petitioner did not handover the possession of the site in question to the complainants. Consequently, a complaint under Section 12 of the Consumer Protection Act came to be filed by the complainant against the petitioner seeking the following reliefs:-

(3.) The complaint was contested by the petitioner, but later on the parties entered into a compromise, which was duly recorded by the District Forum and an order in terms of the said compromise was passed. Clause 3 and 4 of the compromise application filed before the Consumer Forum are important and read as under:-