M/S. V.C.R. CONSTRUCTIONS PVT. LTD. REP. BY ITS MANAGING DIRECTOR, SRI. G. VENKATESHWAR RAO, R/O. 2 Vs. R. VIJAY KUMAR S/O. R. DILIP KUMAR R/O. 3

JUDGEMENT

(1.) The complainant/respondent entered into an agreement dated 02.4.2012 with the appellant company for purchase of a flat admeasuring 1072 sq. ft. in a building bearing No.17-1-391/42, known as Snigdha Nivas at Saidabad, Hyderabad. The sale consideration as per the said agreement was agreed at Rs.16.00 lacs , out of which Rs.5,000.00 was paid as advance and the balance amount was payable on or before 15.2.2012 or before registration of the sale deed. On the same day, the parties entered into another agreement whereby the appellant was to carry out the finishing work in the flat for consideration of Rs.7.00 lacs. The sale deed of the aforesaid flat was executed in favour of the complainant on 16.5.2012. The case of the complainant is that in fact, the agreement between the parties was entered into on 05.11.2011, though the formal agreement for sale came to be executed a little later, he had paid a sum of Rs.9.00 lacs to the appellant on 14.11.2011, followed by payment of Rs.95,000.00 on 29.2.2012, and the total consideration agreed between the parties was Rs.28,18,000.00. This is also the case of the complainant/respondent that he had already paid a sum of Rs.30,05,000.00 to the appellant towards the cost of the flat and registration charges, including a sum of Rs.14,04,000.00 paid by his financer State Bank of Hyderabad directly to the appellant.

(2.) The case of the complainant/respondent is that the possession of the flat after completing all the works was required to be delivered to him on or before 15.5.2012 but, the appellant did not complete the work in all respects, besides executing defective work. The complainant/respondent therefore, approached the concerned State Commission by way of a consumer complaint, seeking possession of the aforesaid flat along with compensation etc.

(3.) The complaint was resisted by the appellant who alleged that the complainant had arranged the balance payment only on 16.5.2012 when the sale deed was registered in his favour. It was alleged in the reply that the agreed consideration for the flat was only Rs.16.00 lacs out of which Rs.5,000.00 was paid on 01.4.2012, Rs.1.00 lacs on 02.4.2012, Rs. 91,000.00 on 8.5.2012 and Rs, 14,04,000.00 vide cheque dated 07.5.2012 , got encashed on 21.5.2012. It was also stated in the written version filed by the opposite party that the possession of the flat was delivered to the complainant on 21.5.2012, after encashment of the cheque of Rs.14,04,000.00.