G. CHANDRA SEKHAR Vs. MAYTAS HILLS COUNTY PVT. LTD

JUDGEMENT

(1.) The complaint is filed u/s 17(a)(1) of the C.P. Act seeking direction to the Maytas Hill County Pvt Ltd., Hyderabad and three others to pay the amount of Rs.67,66,521/- with interest @ 18% per annum and rental loss @ Rs.5/- sft of flat area for every month from February 2009 and Rs.10 lakhs towards damages, mental agony and hardship caused to the complainant.

(2.) The averments of the complaint are that the complainant on representation by the opposite parties that the opposite parties no.3 and 4 entered into development agreement on 30.12.2005 with the land owners for the development area of an extent of ac.85.36 guntas of layout of total area of ac.98.16 guntas of land for the construction of residential apartments, independent houses and multistoried buildings and that NOC from the District Collector vide proceeding No.E5/1596/2002 dated 6.4.2002 was obtained as also layout permission and approval for construction of schedule apartments from the HUDA, entered into agreement with the opposite parties on 4.11.2006 for purchase of apartment unit No.480-12A, Ooty Type-4, Floor NO.12 for a built up area of 1980 sft with undivided share of land admeasuring 91 sq.yds with two car parking slots in Maytas Hill County Township with the opposite parties who promised the complainant that the flat would be ready for occupation by 18.10.2008 or with a grace period of three months from the date of agreement i.e., 18.1.2009. The complainant paid the sale consideration to the opposite parties by obtaining loan amount of Rs.Rs.55,45,000/- and the remaining amount from his savings. The complainant has paid the registration charges, service tax and corpus fund to the opposite parties. The details of payment of the sale consideration and other amounts are mentioned in the 7th paragraph of the complaint.

(3.) The opposite parties failed to deliver possession of the finished flat to the complainant even after the expiry of grace period of three months as mentioned in the construction agreement. The complainant has been paying EMI to the bank every month an amount of Rs.68,000/-. The complainant requested the opposite parties to hand over the flat to him. The opposite parties on one pretext or the other avoided to deliver possession of the building stating that the building would be ready at the earliest. The complainant addressed letters dated 6.2.2009 and 3.3.2009 in this regard to the opposite parties. The complainant suffered mental agony, inconvience, financial loss and hardship due to opposite parties not allowing him to use his flat. Hence the complainant prayed to allow the complaint.