BABA CONSTRUCTIONS Vs. ASHOK KORADA

JUDGEMENT

(1.) The opposite parties 1 and 2 in O. P. Nos.947 and 1067 of 1995, who are common, have filed these appeals questioning the common order of the Hyderabad District Forum-I dated 30.11.1998 partly allowing the same and directing them "to complete the left over/unfinished works mentioned in para 19 of the order and also to pay Rs.10,000/- as compensation to each of the complainants and Rs.2,000/- towards costs to each of the complainants within three months from today". The complaints as against opposite party No.3 were dismissed without costs. The complainants in the O. Ps. are the respondents before us.

(2.) The question involved in these appeals is in a short compass and can be resolved without much argumentation in view of the clear provisions in the agreements entered into between the complainants and the appellants on the one hand, and the owner of the premises on the other.

(3.) The 1st appellant is a firm promoted by the 2nd appellant and is engaged in apartments construction work. The service of the 1st appellant were engaged by one Sri Bhagwandas, who was the absolute owner of the entire premises bearing Nos.6-1-286 to 289 situated in Padmaraonagar in Secunderabad ('the said Premises' for short ). Thereafter Bhagwandas entered into agreements with each of the complainants on 15.10.1988 agreeing to sell undivided proportionate share of land in the said Premises to them for a consideration, of which Rs.1,000/- was paid by each of the complainants at the time of entering into the agreements and the balance amounts were agreed to be received by him from the complainants at the time of execution and registration of the sale deeds in respect of the said undivided shares fixing the outer time limit for payment of the balance amounts as 31.3.1989 tentatively. It is not in dispute that the sale deeds were executed on 23.10.1989 itself. Separate agreements were entered into by the appellants with the two complainants on 15.10.1988 where under the appellants agreed to construct to each of the complainants a flat in the building complex undertaken by them to be constructed in the said premises. The consideration for the construction of the flats was fixed in the agreements and each of the complainants paid Rs.1,000/- as advance. As regards the payments of the balance consideration amounts, the agreements provided as follows : ". . In pursuance of the above the parties of the second parties in addition to abovesaid initial amount binds to tender to the parties of the first part (complainants) further payments within ten days from the date of intimation in writing given by the parties of the first part except the loans to be obtained through C. P. F. and H. D. F. C or any financial institutions. " The relevant clauses in the agreements dealing with delivery of possession of the flats to the complainants are as follows : "3. The party of the first part undertakes to deliver possession of scheduled unit to the party of the second part on intimation in writing by parties of the first part about the completion of construction work as well as full and final reimbursement of all amount claimed by Messrs. Baba Constructions for constructing the said unit. xxx xxx xxx xxx xxx8. The time limit for construction and handing over of completed Unit No. A2 is tentatively fixed as twelve months from the date of obtaining permission for construction from Municipal Corporation of Hyderbad. The above period shall be extended by a further period of four months depending upon the non-availability of construction material or any unforseen circumstance either created by any Government or imposed by the contractor or sub-contractor.9. The party of the second part hereby binds himself not to do or cause the (to be ?) done any act, deed or thing whereby the progress of construction work is hampered by any way. In the event the party of this second part contravene the above, the parties of the first part shall be entitled to claim and receive damages for all such losses, costs and damages incurred by them or to any other occupant or proposes owner of other units. "thus the provisions in the agreements between the complainants and the appellants are clear and unambiguous as regards payments of the balance consideration amounts to be made by the complainants and also as regards the time within which the completed flats had to be delivered by the appellants. It is not in dispute that the delivery of possession of the flats was delayed inordinately. According to the complainants the flats were delivered without completing the works in all respects. They approached the Hyderabad District Forum-I for redress.