GAYATRI BUILDERS Vs. SHYAM PRABHAKAR GAIKI & ANR.

JUDGEMENT

(1.) Sh. Shyam Prabhakar Gaiki and his wife, Smt. Sandhya Prabhakar Gaiki, together, entered into an agreement to purchase a flat measuring 530.76 sq.ft. on the fourth floor of 'Gayatri Sahaniwas', for a consideration of Rs.2,30,000/- from Gayatri Builders, the OP. The OP also agreed to make extra construction to the area of 270.00 sq.ft. totaling to 712.249 sq.ft. of open terrace. The final cost was decided to be of Rs.3,08,815/-. The complainants paid Rs.3.00 lakhs to the OP on 08.11.1996.

(2.) It may be mentioned here that there is no mention of lift in the agreement. Between the parties, a meeting took place in the Office of Sh. Mohrir, the Advocate of OP, on 20.02.1997. The OP agreed to execute the remaining work and install lift, provided the complainants pay Rs.46,000/-. Cheques in the sum of 46,000/- were given to the OP. Possession of the flat was given to the complainants on 20.02.1997.

(3.) The grievances of the complainants are these. No Sale Deed has been executed despite payment of full amount, in the sum of Rs.3.00 lakhs and in spite of requests made vide various letters. On the contrary, the OPs stopped work and gave a notice dated 08.12.1997, which was replied on 15.12.1997.