MARY DORATHY CHARLES Vs. R.R.K. CONSTRUCTIONS

JUDGEMENT

(1.) The appeal is filed by the complainant feeling aggrieved by the order of dismissal of her complaint passed by the District Forum, R.R. District in C.C.No.54 of 2008.

(2.) The facts of the case as narrated by the appellant are that the respondents no.2 and 3 are the owners of premises bearing Plot Nos.91, 92 and 93 situated in Sy.No.191 at Alwal Village, Malkajigir Mandal, R.R.Dist. The respondents no.2 and 3 entered into a development agreement dated 4.3.2004 with the respondent no.1 for construction of multi storied residential-cum-commercial apartment complex named as R.R.K.Gills Plaza. As per the terms and conditions of the agreement, the respondent no.1 has to construct the proposed building at his own cost and expenses and share the built up area with the respondents no.2 and 3. The respondent no.1 commenced the construction of the proposed building. The appellant believing the version of the respondent no.1 that he was authorized by the respondents no.2 and 3 to sell a portion of the building allotted to his share, negotiated with the respondent no.1for purchase of an apartment in the proposed project. The respondent no.1 allotted flat no.103 in the first floor of the building with plinth area of 1045 sft.

(3.) The appellant and the respondent no.1 entered into agreement of sale dated 22.9.2005 for a total consideration of Rs.10,67,750/-. The respondents no.1 to 3 colluded with each other in view of the hike in the land properties at Alwal area and concocted a story that there was a dispute regarding the land on which the building was being constructed. The respondents no.2 and 3 filed a suit bearing O.S.No.1110 of 2006 on the file of the Principal Senior Civil Judge, R.R. District with a view to deny the appellant the flat under agreement of sale. The appellant is ready and willing to purchase the flat under agreement of sale during pendency of the litigation. The respondents no.1 to 3 refused to execute sale deed in favour of the complainant which amounts to deficiency in service on their part.