BUDHA VIEW APARTMENTS OWNERS SOCIETY Vs. MANSIONS TODAY
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BUDHA VIEW APARTMENTS OWNERS SOCIETY
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P.RAMAKRISHNAM RAJU,PRESIDENT -
(1.) THE complainant is a
registered society formed for the welfare of its members who are the
owners of Budha View Apartments. The first opposite party, hereinafter
called ˜the builder entered into an agreement with the second opposite
party, the owner on 11.9.1993 to develop the property belonging to the
latter. As per the terms of the agreement 65 per cent of the build -up
area should be allotted to the builder while 35 per cent to the owner.
The builder in all constructed 40 residential flats out of which 14 have
fallen to the share of the owner while the remaining 26 to the builder.
The first opposite party entered into agreements of sale in respect of
his 26 flats, received consideration and put the prospective purchasers
in possession of their respective flats though they were incomplete. The
second opposite party also executed sale deeds in favour of prospective
purchasers except in 9 cases who are members of the society since some of
the flat owners by their letter dated 25.5.1997 complaining of certain
unfinished works for which there was no reply. Even the owner also issued
a notice for which also there was no reply. The complainant society
thereafter issued a notice on 25.3.1998 for which a reply was given
stating that many unfinished works have been completed and if the flat
owners contribute for municipal water connection the same will be
provided. That apart it is mentioned that some members still owe some
balance to the first opposite party. There appears to be a dispute
between the opposite parties 1 and 2 due to which the builder is not
completing the complex and opposite party No. 2 is not registering the
flats. Therefore, this complaint is filed seeking completion of the
unfinished works and convey the flats to the owners or in the alternative
to pay a sum of Rs. 9 lakhs.
(2.) THE builder in his written version stated that Flat Nos. 108 and 408 are already conveyed by registered sale deeds in favour of the
purchasers. He admitted that construction of the apartments is complete
except lift and metro water supply. It is further stated that talks are
going on with the landlady and very soon things will be settled and
registration of the unregistered flats would be attended to.
(3.) IN the written version filed by the second opposite party, it is stated that she is the owner and the first opposite party approached
her with a proposal to develop 2051 sq. yards of land and a development
agreement dated 11.9.1993 was executed. As per the terms of the said
agreement, it is incumbent upon the builder to complete the project
before getting the sale deeds executed and registered. The first opposite
party without completing the construction is insisting on execution of
the sale deeds in favour of third parties. However on 8.8.1996 the
builder entered into a supplemental agreement with her. According to
which, he agreed to pay a sum of Rs. 2,85,000/ - in addition to 35 per
cent share of the built -up area. Though the first opposite party issued a
cheque for Rs. 3,50,000/ - the same was bounced and a criminal case was
filed against him. There is no privity of contract between herself and
the purchasers. As there was no change in the attitude of the first
opposite party she filed OS No. 580/1999 on the file of Chief Judge, City
Civil Court, Hyderabad impleading the complainant herein also claiming a
decree for Rs. 12 lakhs towards compensation and for a further sum of Rs.
5 lakhs towards special damages.
The complainant filed the affidavit evidence of its Secretary Smt. Malathi Lal besides filing Exs. A -1 to A -10. The opposite parties filed Exs. B -1 to B -7 besides filing their respective affidavits.
The point, therefore, that arises for consideration is whether there is any deficiency in service on the part of the opposite parties if
so to what extent?;
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