K RAMA DEVI Vs. SARDAR BEGUM

JUDGEMENT

(1.) aggrieved by the order in C. D. No.708 of 2003 on the file of District Forum-II, Hyderabad, the complainant preferred this appeal under Sec.15 of the Consumer Protection Act.

(2.) The brief facts as set out in the complaint are that the complainant paid a sum of Rs.3,00,000 to opposite party No.4 which was acknowledged by opposite parties 1 to 4, entered into an agreement towards semi-finished Flat No. G-1 in the ground floor with built up area of 800 s. ft. including common areas along with the undivided share of land admeasuring 20 sq. yds for a total consideration of Rs.10,02,000. Complainant submits that balance amount of Rs.7,02,000 must be paid at the time of registration. On 13.6.2000 work order was executed between the complainant and opposite party No.4 who is the developer and opposite party No.5 sanctioned a loan of Rs.6,90,000 for purchase of said flat. Opposite party No.5 released Rs.5,00,000/- on 18.6.2002 and Rs.1,90,000/- on 5.7.2002 to opposite party No.4. The legal advisor of opposite party No.5 opined that opposite parties 1 to 4 have clear title over the said property. Opposite parties 1 to 4 did not complete the flat in all respects but the complainant performed Gruhapravesham on 4.7.2002 since it was an auspicious day. On 30.12.2002 the officials of opposite party No.6 demolished the Flat No. G-1 on the ground that opposite parties 1 to 4 constructed the flat without any approval. Complainant also issued legal notice demanding the opposite parties to refund Rs.10,40,000/- together with compensation and costs.

(3.) Opposite parties 1, 2, 3, and 6 were called absent and set ex parte.