LAWS(NCD)-1995-2-56

P R MANSUKHANI Vs. COMFORT HOMES

Decided On February 18, 1995
P R MANSUKHANI Appellant
V/S
COMFORT HOMES Respondents

JUDGEMENT

(1.) In this complaint, the complainant sought the following reliefs: "wherefore, the complainant prays that this Hon'ble Court may be pleased to pass judgment and order: (a) Directing the respondents to complete the service amenities as promised; (b) Order the respondents to refund the excess amounts collected towards power, water, diesel engine, and registration; (c) Award compensation of Rs.1,00,000/- towards mental agony suffered by the complainant; (d) Award interest at the rate of 21% from 1.3.1982 on the amount of Rs.2,24,085/- collected by the respondents from the complainant till further date pending completion of all the service amenities; (e) To direct the respondents to transfer and execute the sale deed and registered the same with reference to complainant's right of l/35th undivided share in the composite property bearing Municipal No.68/26 and 69/26, 9th Main Road, Rajmahal Vilas Extension, Bangalore-560006; Or in the alternative appoint a Commissioner of the Court for the purpose of execution of the sale deed and for registration; (f) To grant such other and further relief/ reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case including an order as to the costs. "

(2.) At this stage of hearing on 15.12.1994, the learned Counsel for the complainant submitted that he would not press for the reliefs sought for at prayer Columns (a), (b), (c) and (f) and submitted that he sought only the relief at prayer Column (e ).

(3.) The opp. parties are builders. The opp. parties allotted a flat Apartment No. D on Fourth Floor of Rajamahal Apartments together with 1/35th undivided share in the land in terms of agreement executed by the opp. parties for a valuable consideration of Rs.2,24,085/-.