M MANIKYAMBA Vs. R SATYANARAYANA

JUDGEMENT

(1.) This complaint is filed against Anuradha Agencies, to direct restoration of outer walls to "9" thickness and carpet area to 830 sq. ft. and to hand over possession of the flat.

(2.) Complainant No.1 is the wife of 2nd Complainant. Pursuant to oral agreement dated 1.7.88, the complainants entered into with the Opposite Party M/s. Anuradha Agencies three agreements on 2.9.88. They are agreement of sale to purchase undivided share in the land by paying a sum of Rs.14,940/- (Ex. A-2), agreement for construction of flat (Ex. A-3) and agreement for service charges (Ex. A-4 ). The total sum payable by them for the flat was Rs.1,74,300/- and they paid the same in instalments, and the last instalment was paid on 23.8.89.

(3.) It is the case of the Complainants that the Opposite Party collected a sum of Rs.8300/- towards loan service charges although the Complainants did not avail any loan from the Opposite Party. Further the Opposite Party collected in cash a sum of Rs.20,600/- for which no receipt was issued over and above Rs.1,74,300/- agreed to between the parties, that though two years elapsed Opposite Party did not hand over possession. The Opposite Party has to complete several works like water connections, tiles fixing in toilets and sanitary fittings, drainage connections, window panels, painting works of doors etc. , and the construction was with inferior type of bricks, cheapest mosaic tiles and weak M. S. doors and window frames and grills etc. It is their further case that in violation of the Corporation Rules and Regulations the Opposite Party constructed outer walls with 4" brick wall instead of 9"-brick wall and used inferior quality of bricks plaster and workmanship. While as in respect of other flat buildings in the city, the outer walls were built with 9" thickness. According to the Complainants by reducing the thickness of the outer walls by 4", the Opposite Party increased the carpet area from 830 sq. feet and demanding extra amount of Rs.20,000/-, to be paid in cash without receipt. On account of the building of the flats with outer walls of 4" thickness, the occupants will be exposed to scorching heat of the sun, torrential rains, stormy winds, bitter cold of winter and other natural calamities like earthquakes, lighting and thunders. It was also alleged that the Opposite Party diverted the money collected from the flat owners by investing the same in some other industry and retorted the progress of the construction of flats.