COLONEL P.K. SHARMA Vs. SANJAY AMBADAS JOSHI

JUDGEMENT

(1.) All these revision petitions arise out of single order of State commission hence decided by common order. Revision petition No. 3592 of 2013 has been filed by complainant and revision petition Nos. 3656-3657 of 2013 have been filed by opposite party against order dated 8.7.2013 passed by State Commission in First Appeal No. 364 of 2007, Sanjay Ambadass joshi v. Col. P.K. Sharma and First Appeal No. 32 of 2004, Col. P.K. Sharma v. Sunjay Ambadas Joshi, by which both appeals were partly allowed.

(2.) Brief facts of the case are that the opposite party developer Shri Sanjay Joshi had floated a residential Farm House Scheme namely "Krishna Devrai Farm" consisting of 67 houses in G. No. 79 of village Sharanapur Tq. & Dist. Aurangabad covering the area of 6.94 H. abutting on Aurangabad-Nashik-Mumbai highway road at about 11 k.ms. away from Aurangabad city. The opposite party/developer had given publicity to the said scheme by way of brochure in which had assured to provide the facilities such as wide roads with Sodium Vapor Lamps, individual telephones, club houses, swimming pool, tennis court, restaurant, gymnasium, health club, department store, dispensary, and many more as specified therein. The complainant is an ex-army Colonel and was posted in Cantonment in Aurangabad in June, 2001. He was to retire from service in the month of Sept., 2002 and therefore had planned to settle at Aurangabad. The developer had come into his contact and by giving information about the said scheme had given him offer to purchase the farm house. Accordingly, the complainant accepted the offer and booked the farm house with plot bearing No. 6 admeasuring area of 7,457 sq. feet including built up area of 1,100 sq. feet for consideration of Rs. 8 lakh on the condition that he should be given possession of the said house before Diwali 2002:

(3.) Accordingly the complainant paid to the opposite party/developer Rs. 8 lakh towards the cost of the house and Rs. 85 lakh towards excess work as per demand. Thus, he paid total amount of Rs. 11.85 lakh in five instalments up to December, 2002 but the opposite party/developer failed to give the possession up to October, 2002 as orally agreed by him. The agreement to sale was executed on 29.1.2003 after heavy persuasion. The sale deed was executed on 1.10.2003 and possession of the said house was given or, the same date of sale deed i.e. after the delay of 10 months.