EMPIRE BUILDERS Vs. ANTHONY XAVIER ANDRADE

JUDGEMENT

(1.) THE petitioner and complainant had entered into an agreement dated 25.4.1994 for construction and sale of bungalow for consideration of Rs. 6,20,000. After construction of the bungalow, possession of the same was taken over by the complainant on 25.2.1998. However, certain deficiencies/incomplete works were noted in the bungalow and the complainant incurred expenditure for removing the said deficiencies/incomplete works. According to the complainant, he spent more than Rs. 1,50,000 for rectifying the deficiencies/incomplete works. The complainant also asked the petitioner to execute the Coveyance Deed of the bungalow in his favour. The petitioner did not reimburse the amount spent by the complainant, nor executed the Deed of Conveyance in his favour. Accordingly, the complainant approached District Forum for direction to the petitioner/opposite party to reimburse Rs. 1,50,000 as also direction to execute Conveyance Deed of part of the property where bungalow was situated.

(2.) THE opposite party had raised various preliminary objections including that the complaint was filed beyond statutory period of 2 years; complaint being for recovery of money, Forum had no jurisdiction; in view of the caluse of arbitration in the agreement, the jurisdiction of the Forum could not be invoked, etc. The matter was also contested by the opposite party on merits.

(3.) THE District Forum did not find any merit in the preliminary objections raised by the opposite party. On merits, it was held that the complainant had produced receipts amounting to Rs. 32,376 only and as such he was entitled to reimbursement of the said amount spent to complete the bungalow. The District Forum also gave directions to execute Deed of Conveyance of the bungalow along with proportionate undivided share in the land in favour of the complainant. In addition, a compensation of Rs. 10,000 was ordered to be paid by the opposite party to the complainant.