MARLENE MISRACOMPLAINA Vs. G SRIDHAR REDDY

JUDGEMENT

(1.) THE Complainant has filed this Complaint against the opposite parties (for short 'OPs') for recovery of damages alleging several 'deficiencies' in the matter of delivery of possession of the constructed building and defects in the construction.

(2.) THE facts in this case are as follows: The Complainant in pursuance of an Agreement of Sale between her and OP -1 agreed to sell 50% undivided right, title and interest in the said property to OP -1 for a sale consideration of Rs. 80,00,000 and that she had received a sum of Rs. 20,00,000 towards part payment of the said sale consideration. As set out in the said Agreement at Clause 13 therein, the remainder sale consideration of Rs. 60,00,000 was to be paid by OP -1 to OP -2, inter alia, to construct a building housing residential apartments on the said property and thereafter deliver 50% of the total built constructed area including and not limited to the common area, terrace, garden, car park area and other saleable area and amenities and facilities in the said apartment building. Subsequently and in pursuance of and as provided in the aforesaid agreement of sale the Complainant along with OP -1 entered into a Construction Management Agreement on 28.3.1998 with OP -2. The further averments in the Complaint are that OP -2 had not commenced the construction of the apartment building despite being handed over possession of the said property immediately after executing the aforesaid agreement and there is a delay in commencing the construction work and handing over possession of the constructed flats. The further case of the Complainant is that there is a shortfall in the delivery of constructed area to the Complainant. It is further stated that the Complainant was forced to accept partial delivery of apartments that too in an incomplete manner. It is also the case of the Complainant that she had to spend considerable amount as there were several defects in the construction and inferior quality materials were used. Therefore, the Complainant is entitled for payment under different heads as set out in the Complaint.

(3.) THE Complainant has filed an Affidavit by way of evidence and has produced certain documents in support of her claim. The OPs have also filed Affidavit and produced documents in support of their defence.