Decided on October 30,2008



N.KANNADASAN, J. - (1.) The Appellant is the complainant and the Respondents are the opposite parties before the District Forum.
(2.) The complainant has filed the complaint before the District Forum under the following circumstances: The complainant has entered into two independent construction agreements on 29.3.1996 with the opposite parties for the purchase of two flats viz., C/4 & D/5. The complainant has paid a sum of Rs.6,10,000/- towards an advance. Since the opposite parties have not furnished the sanctioned plan, the complainant was not in a position to raise the loan by approaching the financial institutions and as such the remaining payment could not be made immediately. In the meanwhile, the opposite parties have not completed the construction work for a long time due to certain violation with regard to a portion of the constructions. In view of the delay, and inability on the part of the opposite parties to complete the project, the complainant and other investors formed an Association viz., BBC Villa Owners Association on 28.2.2001. The 2nd opposite party was also aware of the formation of the said Association and an arrangement was made with the knowledge of the opposite party-2 who is representing the 1st opposite party also to the effect that the project could be completed by the association. When the complainant has pursued his further action to acquire the flats, he was not given even a single flat. In fact, at a later date on 26.7.2003, the complainant has entered into a revised agreement with the opposite parties for the purchase of only one flat viz., Flat No.D/5. Since the complainant was not in a position to acquire even one flat viz., D/5, he has approached the District Forum seeking relief as stated therein.
(3.) The opposite parties resisted the complaint by contending that there was a delay on the part of the complainant in making the balance payment and as such, the agreements entered into stood cancelled and the flats have been sold to alternative buyers. The complaint is barred by limitation and accordingly prayed for dismissal of the complaint.;

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