A.K.ANNAMALAI, J - (1.) The complaint filed under Section 17 of the Consumer Protection Act 1986 The complainant filed a complaint against the opposite parties praying for the direction of jointly and severally convey 3/56 undivided share in the land in favour of complainant by the opposite parties, to pay a sum of Rs.4,00,000/- for the construction of extra two flats towards the loss suffered by the complainant, to construct compound wall staircase and complete the construction, wood work or in the alternative to pay a sum of Rs.2,00,000/- and direct the opposite parties to get the assessments in Corporation C.M.W.S.S.B., T.N.E.B. and other Government authorities and public records in the name of complainant, direct the opposite parties to register a society with the flat owners as members, direct the opposite parties to pay a sum of Rs.5,00,000/- towards mental agony and damages suffered by the complainant and for cost.
(2.) The complainant case in brief as per the complaint is as follows :- The complainant is one 4 co-owners of the property sold to the opposite parties and as per the agreement entered into with the opposite parties as have to develop the property with the construction of 12 flats and one flat to be allotted to the complainant with the undivided share of 1/12th share and accordingly the complainant was allotted one flat and instead of 12 flats, the opposite parties have constructed 14 flats in the property and thereby undivided share of the complainant was reduced. The complainant is entitled for 3/56 undivided shares in the land and the opposite parties have not constructed the flats as fully completed and various defects were pointed out by the complainant which were not rectified by the opposite parties and the complainant was made to run from pillar to post and suffered untold hardship and mental agony. The opposite parties also not registered the society which he has bound by law to do. Revenue records relating to the complainant not transferred in the name of respective allottees and completion work letter was not given till date. The banks are refusing to grant loan on the basis of documents of the flat as the opposite party has not issued letter of completion of work and thereby the opposite parties also not taken steps for the construction of compound wall staircase and to get assessments by various authorities like C.M.W.S.S.B., T.N.E.B. etc., and mutation and records etc., and thereby there was deficiency of service and the complainant claims the relief as prayed for.
(3.) On behalf of the opposite parties 1 to 4 written version was filed by the 1st opposite party in which they denied the allegations of the complainant and stated that all the co-owners of the flat have got registered for 1/14 undivided share of the property even though there was an initial proposal for construction of 12 flats the permission was obtained for the construction of 14 flats and the complainant was allotted a flat for the sale consideration and was put in possession also as per the terms and conditions the agreement and allottees have to pay for stamp duties, registration charges, applicable legal charges deposits to electricity board before taking delivery of the premises and the complainant for the reasons best known to them has not come forward to complete the registration formalities by paying those amounts. The opposite parties in all eagerness paid the charges for power water sewerage connection to the extent a sum of Rs.25,000/-. The claim for the share of the property to be decided only by a Civil Court and after taking possession for more than 9 years, the complainant has come forward with this allegations is barred by limitation. Since the complainant wanted the opposite parties to bear stamp duty charges which they h have not done for all other co-allottees and terms and conditions clearly bind the buyer to pay for registration and stamp duty and the complainant is not willing to comply the terms and conditions and facing her own consequences. Only when the undivided share is registered on the property as a good marketable title, the same is eligible for grant of loan. The complainant by virtue of her fault has placed herself in this situation for which the opposite party in no way responsible, the complaint to be dismissed as hopeless barred by limitation it is nearly 9 years since the complainant is put in possession plan and that is she has not come forward for registration. Compound wall exists and the front wall is fenced with chain for car parking. The complainant alone cannot agitate and other co-allottees have no complaints. It is the complainant to effect mutation of records. The opposite parties are not bound to register a society it is for the flat allottees to form a society.;