VARADHA SAI SUDHAKAR Vs. LAKSHMI BUILDERS,REP. BY ITS MANAGING PARTNER

JUDGEMENT

(1.) The appellants in this appeal are the unsuccessful complainants in C.D.No.262/2005 before District Forum-I, Hyderabad. They filed a complaint against opposite party seeking relief for refund of Rs.4,18,000/- said to have been collected in excess over and above the agreement and also claimed compensation of Rs.1,00,000/- for harassment and mental agony faced by them.

(2.) The impugned order in dismissing the complaint has been challenged as erroneous and sought to be set aside.

(3.) The facts of the case disclose that the opposite party had offered to sell the flat situated in Ameerpet admeasuring 1680 sft. along with car parking and 50 sq. yds. of undivided share of land for a sale consideration of Rs.17,00,000/-. An agreement of sale was executed on 11-10-2002 and subsequently a registered sale deed was executed in favour of the complainants in respect of unfinished flat No.201 by registering the same on 29-11-2002 for a consideration of Rs.6,90,000/-. The balance amount of Rs.10,10,000/- is to be paid on completion of the unfinished works by providing the required amenities. A separate work order ws also entered into on 25-11-2002 in which it was mentioned that the sale consideration of Rs.17,00,000/- includes the price of the flat, car parking and 50 sq. yds. of undivided share of land. It is also mentioned in sale deed dated 29-11-2002 that car parking was also allotted. Though the construction was completed in the month of November, 2002 possession was not given to the complainants and opposite party demanded excess amount and until the same is paid, he stated that possession will not be delivered. Accordingly the complainants after making excess payment of Rs.21,18,000/- against Rs.17,00,000/- took possession of the flat in the month of November, 2003 and submitted that this act or omission has to be treated as deficiency in service.