SUBHADA S DESHPANDE Vs. JANGID BUILDERS PVT LTD

JUDGEMENT

(1.) This complaint by Dr. (Mrs.) Subhada S. Deshpande is against M/s. Jangid Builders Pvt. Ltd. alleging deficiency in service in not completing the building and handing over possession of the premises i.e. ground and first floor admeasuring 7,000 sq.ft. (carpet) of Ganga Building, Jangid Complex, Mira Road (West), Distt. Thane.

(2.) It is unnecessary to notice facts in detail as we are not inclined to go into the merits of the complaint in view of the controversial stand of the parties based, on the scanty documentary evidence. The complainant's case in the nutshell is that she had explained to one Shri P.J. Patel her desire to open a hospital at Mira Road and approached him with a request that he should finance the said project. Shri P.J. Patel agreed to give donation to the complainant's hospital on the condition that the hospital should be opened in the memory of his father. Thereafter negotiations and discussions took place between the complainant, her father V.V. Kulkarni and P.J.Patel and under the said circumstances, the complainant and aforementioned two persons came forward and incorporated Jhaverbhai Patel Memorial Hospital Pvt. Ltd. in the year 1993. It is further pleaded that in or about February, 1993 the complainant approached the Directors of the opposite party with a request to sell the area admeasuring 7,000 sq. ft. carpet in their project Ganga Building in Jangid Complex, Mira Road (West), District Thane. On 23.7.93 the complainant as and by way of earnest money paid Rs. 1.00 lakh by Cheque No. 957331 dated 23.7.93 drawn on Citibank, Sakhar Bhavan Branch, Nariman Point in favour of the opposite party. The final agreement was arrived at between the parties son 6.12.93 when the total sale consideration of Rs. 44 lakhs was settled. It is pleaded that during the course of negotiations, it was expressly agreed by and between the parties that upon the complainant and the said company making the payments towards the consideration of the premises, the premises would be handed over to them by 15.2.94 and the opposite party would execute the requisite agreement/conveyance in favour of said Jhaverbhi Patel Memorial Hospital Pvt. Ltd. A sum of Rs. 10 lakhs was paid on 23.12.93 by two cheques of Rs. 5 lakhs each issued in favour of the opposite party making the total payment of Rs. 11 lakhs towards the part payment In respect of the said premises. It is then alleged that in spite of specific assurances on behalf of the opposite party/their directors, the opposite party has neglected and failed to hand over vacant, peaceful possession of the premises within the stipulated period.

(3.) The main objection of the opposite party in its written version is that the complainant has no locus standi in filing the complaint as it is only Shri PJ. Patel in his capacity as Trustee of Jhaverbhai Patel Charitable Trust No. 11 who had entered into the arrangement and paid Rs. 10 lakhs out of the corpus of the said trust. It is pleaded that there are several records of correspondence having been entered into between the parties and the said Trust and their Solicitors M/s. Mulla & Mulla & Craigie Blunt & Caroe, Bomaby from which it can be conclusively proved that said trust is having legitimate and bona fide claim to the said property. At the hearing Mr.Jatinder Kumar Sethi, Counsel for the Jhaverbhai Patel Charitable Trust No. 11 had put in appearance although not a party to this complaint and stated that the Trust had cancelled the arrangement with the opposite party and received the consideration.