SAU. JANABAI & ANR., R/O Vs. M/S. TAPADIYA CONSTRUCTIONS LTD. & ANR. THROUGH PROP JUGALKISHORE CHANGANLAL TAPADIYA, OFFICE ADD: TAPADIYA TERRACE,ADALAT ROAD, IN FRONT OF FAMILY COURT, AURANGABAD MAHARASHTRA

JUDGEMENT

(1.) The complainants/petitioners entered into an agreement with the respondents/opposite parties for purchase of a house for a total consideration of Rs.16 Lakhs paying a booking amount of Rs.51,000/- followed by further payment so as to complete the payment of the entire agreed sale consideration. The sale deed in favour of the complainants/petitioners was executed on 06.02.2010 and possession was delivered to them. The grievance of the complainants is that on taking possession of the house, they found that it had not been constructed as per the specification given in the brochure issued by the respondents/opposite parties. A numbers of defects were allegedly found in the house and sub-standard material is alleged to have been used. No parking space was provided to the complainant/petitioners. Being aggrieved, they approached the concerned District Forum by way of a complaint seeking the following reliefs:-

(2.) The complaint was filed against two entities one being M/s. Tapadiya Constructions owner of the land on which the flats were to be constructed and M/s. Kasliwal Constructions, which was to construct the flats on the land of Tapadiya Constructions.

(3.) Tapadiya Constructions did not appear before the District Forum and the complaint was opposed only by the builder Kasliwal Constructions. It was not disputed that the opposite parties had agreed to sell the house to the complainants for a consideration of Rs.16 Lakhs and had received the entire sale consideration from them. The execution of the sale deed in their favour was also not disputed. They however denied the alleged defects in the construction and the alleged used of the sub-standard material.