METTU DAMAYANTHI Vs. A MALLA REDDY

JUDGEMENT

(1.) The appellants were the opposite parties in O. P. No.1064/1995 on the file of the Hyderabad District Forum and the respondent in this appeal was the complainant in that O. P.

(2.) The following are the un-disputed facts.

(3.) The complainant entered into an agreement of sale on 1.8.1994 with the appellants for purchase of Flat No.1-C in the "ground Floor" of Kalyan Mansion situated at Somajiguda in Hyderabad and he paid the entire consideration of Rs.2,50,000/- to the appellants under that agreement. The appellants agreed to complete construction and hand over possession of the Flat to him within five months from the date of agreement i. e. by 1.1.1995. Clause 2 of the agreement made it clear that the consideration amount of Rs.2,50,000/- did not include the amount for lift facilities, electric transformer and vehicle parking place. Even though the five months period was over, the appellants did not complete the construction and hand over possession of the Flat to the complainant and on his insistence for execution of the sale deed in his favour, the appellants issued letter dated 6.9.1995 and then the appellants for the first time demanded that he should also pay his contribution for lift, transformer and parking place. Thereafter he got issued a legal notice dated 14.9.1995 to which the appellants replied on 22.9.1995 stating that if the complainant failed to pay the additional amounts as demanded by them, the agreement would stand cancelled. The complainant then approached the District Forum by way of the present complaint on 30.9.1995.