SHANTA SRIRAM CONSTRUCTIONS PVT. LTD. Vs. SANGEETHA YANAMANDRA

JUDGEMENT

(1.) The complainants who are husband and wife, entered into an agreement dated 04.2.2011 to purchase a flat for Rs.41,10,800/-. The said flat was to be constructed by the petitioner in RP No. 1205/2017, on the land owned by the petitioner in RP/1591/2017. According to the complainants the sale consideration was later reduced to Rs.29,00,000/- after hectic discussions. This is also their case that eventually the sale deed in respect of the semi- finished flat was registered in their favour for Rs.18,50,000/-. According to the complainant the cost of finishing work and interior was agreed at Rs.10,50,000/-, thereby making a total sum of Rs.29,00,000/-. This is also the case of the complainants that the opposite parties in the consumer complaint had also agreed to make furniture and undertake wood work at a cost of Rs.4,00,000/-. Thus the case of the complainant is that they had to pay a total sum of Rs.33,00,000/- for a finished flat. The possession of the said flat having not been delivered to them, the complainants approached the concerned District Forum by way of a consumer complaint, seeking direction to the opposite parties to complete the work, refund the amount of Rs.4,00,000/-, which they had given for interior and wooden work and pay interest on the amount of Rs.33,00,000/- paid by them to the opposite parties, along with interest @ 2.083% per month.

(2.) The opposite party No.2 in the consumer complaint which is petitioner in RP/1205/2017 filed a written version contesting the complaint and alleged that sale consideration for the flat was agreed at Rs.41,10,800/-. It was further stated in the written version filed by the opposite party No.2 that the complainants has also executed an undertaking dated 05.2.2011, which is a part and parcel of the agreement dated 04.2.2011 and wherein the price of the flat was clearly recorded to be Rs.2400/- per sq. feet. It was also alleged that the subsequent agreement dated 14.11.2011 was executed on the request of the complainants in order to minimize the margin money which the complainant had to pay to the bank to take loan for purchasing the house and that the said agreement was never intended to be acted upon. It was further stated in the written version that the complainants are liable to pay a balance amount of Rs.8,10,800/- in addition to service tax. A sum of Rs.75,000/- is stated to be payable by the complainants for the additional work alleged to have been get executed by them.

(3.) Opposite party No.1 in the complaint namely M. Prabhakar also filed an affidavit before the concerned District Forum supporting the case set up by opposite party No.1 Shanta Sriram Constructions Pvt. Ltd. It was also stated in his affidavit by way of evidence that the price of Rs.2400/- per sq. ft. was also recorded in the receipts filed by the complainants themselves and that the complainants are liable to pay a sum of Rs.8,10,8000/- to the opposite parties, in addition to service tax.