PRABHAKAR JHA Vs. HI-RISE AVENUES PVT. LTD.,REP. BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) The complaint is filed seeking direction to the opposite parties to deliver the villa/house shown in the complaint schedule property with interest @ 18% per annum over the paid amount of Rs.50,20,915/- from the date of agreement of construction and development dated 15.7.2006, to provide 40ft width road in front of the villa, to provide clubhouse, to declare the extra amounts demanded by the opposite parties in the name of VAT and other taxes as ultra vires and illegal, to award an amount of Rs.2 lakhs and damages of Rs.2 lakhs towards delay in delivering the villa/house.

(2.) The averments of the complaint are that the opposite parties are real estate agents and builders. The complainants no.1 and 2 are the absolute owners of a residential plot admeasuring 200 sq.yards bearing plot no.218 covered under Survey No.30/A/part and 308 situated at Bathupally village of Quthbullapur Mandal of Ranga Reddy District. The opposite party no.2 approached the complainants in the month of July 2006 as a developer to construct an independent villa/house with three bed room accommodation in a total built up area of 2445 sq.ft in the complaint schedule property to which on 15.7.2006 the opposite party no.2 entered into an agreement with the complainants and promised to construct independent duplex house/villa within 12 months from the date of the agreement. As per the agreement the opposite parties are liable to pay interest @ 12% per annum over the amounts paid bythe complainants in the event of delay in constructing and delivering the independent house/villa.

(3.) The opposite parties have to construct the house in accordance with the plan and design sanctioned by the concerned authorities as also they have to provide all the amenities and provisions mentioned at para no.4 of the Development Agreement such as laying of approach road, providing drainage, bore wells, club house, park, water treatment plant etc. The opposite parties have to complete the construction within the cost of Rs.24,80,000/- in a stipulated period of 12 months and hand over the house to the complainants in a hygienic and upclean manner. The opposite parties received an amount of RS.12 lakhs towards advance for the construction of the house and thereafter enchanced the cost of construction to Rs.49 lakhs. The complainants paid an amount of Rs.38,20,915/- and a total amount of Rs.50,20,915/- to the opposite parties. The opposite parties failed to deliver the house with the facilities mentioned in the development agreement.