MANOJ KHUSHALDAS GANDHI Vs. PRAKASH ESTATES

JUDGEMENT

(1.) This consumer complaint has been filed by the complainant Manoj Khushaldas Gandhi against opposite parties M/s. Prakash Estates and Ors.

(2.) Brief facts of the case are that the opposite parties entered into a development agreement with the mother of the complainant. It has been alleged by the complainant that as per the development agreement six flats were to be given to the complainant's family. The opposite parties have given five flats to other heirs of the mother and he is the sixth heir, but opposite parties have not given flat to the complainant. It has been further alleged in the complaint that the opposite party has not paid the corpus and inconvenience allowance to the complainant as per the provisions of the development agreement.

(3.) The complaint has been resisted by the opposite parties on the ground that the complainant has not produced the certificate of his being legal heir of the party which entered into the development agreement with the opposite parties. It has been stated that the corpus and inconvenience allowance had already been paid to the mother of the complainant and all other 5 heirs have taken possession of the flat and have not raised any objection in respect of the payment of corpus and inconvenience allowance. Opposite parties have further stated that there are certain dues as per the provisions of the development agreement, which are to be paid by the complainant. It has been requested to dismiss the complaint on these grounds. Both the parties filed their evidence by way of affidavit, which have been taken on record.