R SANTHANAM & 2 ORS Vs. FAIRDEAL CONSTRUCTION

JUDGEMENT

(1.) Briefly stated facts relevant for the disposal of the present consumer complaint are that in the month of August 2011, the opposite party approached the complainants and introduced themselves as a builder and owner of vacant land bearing plot no. 3 & 4, AIBEA Nagar, approved layout LPDM/DTP no. 74/64 dated 05.08.1964 comprised in survey no. 84/6, present survey no. 84/ 6A1A2 now. T S No. 23/28, Block no. 34 of Thiruvanmiyur Village, Mylapore Triplicane Taluk, Chennai District and offered sale of 5650 sq ft undivided share of land out of the above-mentioned property to the complainants along with flour floors having two flats on each floor and each flat measuring about 1670 sq ft.

(2.) After verifying the documents pertaining to the above said property of the opposite party and examining the proposal minutely, the complainants decided to buy 8 flats for all family members of Late Shri J Ramakrishna (Seven brothers and one sister) measuring 1670 sq ft each from the opposite party on the above-mentioned land and the sale price was agreed as Rs.7,000/- per sq ft., and also entered into a sale cum construction agreement on 28.08.2011 with the opposite party.

(3.) The total consideration was for Rs.9,35,20,000/-. Covered car parking for all the eight flats (for each flat one covered car parking) were included in this price. The purchaser handed over a cheque drawn on UCO Bank (T Nagar, Chennai 17) for Rs.93,52,000/- towards advance payment which the Landowner and Builder acknowledged. Landowner and Builder assured that approval from CDMA would be received in two months. If approval gets delayed beyond 4 months purchasers were at liberty to cancel the agreement in which case Landowner and Builder agreed to refund the advance with interest @ 12% per annum.