SHASHI CONSTRUCTIONS Vs. NIRMALA MOKADAM

JUDGEMENT

(1.) THIS appeal was late by 10 days. After going through the application for condonation of delay, it was condoned.

(2.) THIS First Appeal has been filed by Dr. Nirmala Mokadam, Flat No. 2, MIG Colony, Giripeth, Nagpur, appellant, against the order of the State Commission in Complaint No. 150 of 1992 on 9.3.93. The facts of this case are summarised as follows: Dr. Mokadam entered into an agreement with a builder, namely, M/s. Shashi Constructions, Gajanan Apartments, of which the opposite party Smt. Shashirekha Pampanwar, is the proprietor, for the development of the FSI on her flat in lieu of one flat measuring 815 sq. ft. of her choice costing Rs. 2.20 lakhs and carry out modification of the ground floor at her cost. As the plan for the construction work on this excess FSI could not be sanctioned in time, a second agreement was executed between the parties on 21st August, 1989 which is document No. 2. The first agreement is document No. 1. Under the Agreement of the 21st August, 1989, the builder was to give to the complainant the basement floor measuring 66.14 sq. meters and the constructed portion of the ground floor, measuring 181 sq. meters. The case of the complainant is that since she had already constructed the ground floor as well as the 1st floor she allowed the opposite party to utilise only the remaining FSI for construction of multiple flats. The complainant was to get the possession of the mezzanine floor apartment, die basement and a store-room duly constructed in all respects by the opposite party. This property, namely, mezzanine floor apartment, the basement and store-room was valued at Rs. 2.30 lakhs.

(3.) THE State Commission after going through the record and hearing the learned Counsel for both the parties came to the conclusion that as there was an agreement for giving possession of a certain constructed property in lieu of the FSI given by the complainant to the opposite party, for the construction of flats, there was an agreement to provide service by the opposite party to the complainant for consideration.