w w w . L a w y e r S e r v i c e s . i n



Ravi Rathi & Another v/s M/s Aditya Construction Company (India) Pvt., Ltd., Represented by its Director, Jubilee Hills, Hyderabad & Others


Company & Directors' Information:- L & W CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2006PTC039095

Company & Directors' Information:- ADITYA CONSTRUCTION COMPANY INDIA PRIVATE LIMITED [Active] CIN = U45200TG2006PTC049293

Company & Directors' Information:- N H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC144604

Company & Directors' Information:- C S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140236

Company & Directors' Information:- ADITYA LIMITED [Active] CIN = U45400DL2012PLC231460

Company & Directors' Information:- S D CONSTRUCTION PVT LTD [Active] CIN = U45209WB1993PTC058947

Company & Directors' Information:- RATHI PRIVATE LIMITED [Active] CIN = U27106DL2005PTC141836

Company & Directors' Information:- M K R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2003PTC121828

Company & Directors' Information:- RAVI CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1982PTC012941

Company & Directors' Information:- RATHI INDIA LIMITED [Active] CIN = U24111RJ1972PLC001847

Company & Directors' Information:- THE HYDERABAD CONSTRUCTION COMPANY LIMITED [Active] CIN = U99999TG1934PLC000578

Company & Directors' Information:- R K CONSTRUCTION PVT LTD [Strike Off] CIN = U00500BR1984PTC001953

Company & Directors' Information:- T D CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U70101AS2002PTC006719

Company & Directors' Information:- H N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200JH2007PTC012923

Company & Directors' Information:- L V CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201UP1998PTC023382

Company & Directors' Information:- A G L CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400WB2008PTC126885

Company & Directors' Information:- C. K. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U00501BR1990PTC003909

Company & Directors' Information:- CONSTRUCTION INDIA PVT LTD [Active] CIN = U45201GJ1979PTC003375

Company & Directors' Information:- H R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201UP2002PTC026867

Company & Directors' Information:- M B N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101AS2004PTC007322

Company & Directors' Information:- N J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102WB2012PTC186978

Company & Directors' Information:- C S R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060034

Company & Directors' Information:- T M G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203UP2000PTC025597

Company & Directors' Information:- C D S CONSTRUCTION CO PVT LTD [Active] CIN = U45200MH1982PTC026703

Company & Directors' Information:- P J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201AS2000PTC006365

Company & Directors' Information:- A R C CONSTRUCTION PVT LTD [Active] CIN = U45202MH1996PTC096950

Company & Directors' Information:- N B S A M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC143267

Company & Directors' Information:- J M D CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1993PTC057456

Company & Directors' Information:- S R K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200BR1998PTC008483

Company & Directors' Information:- V & C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049012

Company & Directors' Information:- S B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203OR1994PTC003672

Company & Directors' Information:- O A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45203AR2005PTC007930

Company & Directors' Information:- J C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203AS1999PTC005975

Company & Directors' Information:- N A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH2009PTC192764

Company & Directors' Information:- N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC146888

Company & Directors' Information:- V. K. CONSTRUCTION COMPANY PVT. LTD. [Active] CIN = U45102WB1991PTC050570

Company & Directors' Information:- M M CONSTRUCTION PVT LTD [Strike Off] CIN = U45200GJ1995PTC027508

Company & Directors' Information:- P. L. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2007PTC171110

Company & Directors' Information:- L AND C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2001PTC028456

Company & Directors' Information:- C R CONSTRUCTION PVT LTD [Active] CIN = U45209WB1960PTC024811

Company & Directors' Information:- J S CONSTRUCTION PVT LTD [Active] CIN = U45201OR1981PTC000921

Company & Directors' Information:- S H A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202DL1996PTC076831

Company & Directors' Information:- ADITYA AND COMPANY (INDIA) PRIVATE LIMITED [Active] CIN = U27107RJ2004PTC019073

Company & Directors' Information:- S N S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45204HR2009PTC039160

Company & Directors' Information:- A V M CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202GJ2007PTC050521

Company & Directors' Information:- A H CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201TN1990PTC019675

Company & Directors' Information:- A D CONSTRUCTION CO PRIVATE LIMITED [Strike Off] CIN = U45201UP1984PTC006464

Company & Directors' Information:- G V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102TN2009PTC072766

Company & Directors' Information:- D G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102JH2012PTC000717

Company & Directors' Information:- J B F CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45200JK2008PTC002952

Company & Directors' Information:- K R P CONSTRUCTION PVT LTD [Active] CIN = U45200MH1989PTC053580

Company & Directors' Information:- R S M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC142245

Company & Directors' Information:- R & S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR2012PTC018727

Company & Directors' Information:- B M S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101WB2006PTC110196

Company & Directors' Information:- E H CONSTRUCTION CO PVT LTD [Active] CIN = U45209WB1984PTC037174

Company & Directors' Information:- A C K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203PN2002PTC017065

Company & Directors' Information:- D. M. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74140WB2000PTC091230

Company & Directors' Information:- B M CONSTRUCTION CO PVT LTD [Strike Off] CIN = U70101WB1987PTC043414

Company & Directors' Information:- P D CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201MH2007PTC171650

Company & Directors' Information:- A M CONSTRUCTION P LTD. [Active] CIN = U99999WB1990PTC050255

Company & Directors' Information:- S. Z. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74999WB2011PTC163934

Company & Directors' Information:- P K S CONSTRUCTION CO PRIVATE LIMITED [Active] CIN = U45200HP2004PTC027694

Company & Directors' Information:- H D G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032183

Company & Directors' Information:- S R B CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC130817

Company & Directors' Information:- N T C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KL2001PTC014853

Company & Directors' Information:- S. P. CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U70100WB2019PTC233077

Company & Directors' Information:- S A M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200HR2020PTC088988

Company & Directors' Information:- C S CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200MH2020PTC346811

Company & Directors' Information:- G B CONSTRUCTION COMPANY PVT LTD [Strike Off] CIN = U74210PB1995PTC016038

Company & Directors' Information:- A K CONSTRUCTION CO PVT LTD [Active] CIN = U45400WB1983PTC035682

Company & Directors' Information:- D. D. A. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201JH2008PTC013043

Company & Directors' Information:- K. G. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400MN2010PTC008256

Company & Directors' Information:- RAVI AND COMPANY LIMITED. [Strike Off] CIN = U74300JK1997PLC001627

Company & Directors' Information:- G N B B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101AS2004PTC007418

Company & Directors' Information:- M E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC171643

Company & Directors' Information:- C S COMPANY CONSTRUCTION LIMITED [Active] CIN = U45201KL1997PLC011174

Company & Directors' Information:- S K CONSTRUCTION PVT LTD [Active] CIN = U45201WB1994PTC065714

Company & Directors' Information:- D T M CONSTRUCTION PVT LTD [Active] CIN = U45201WB1978PTC031730

Company & Directors' Information:- D L CONSTRUCTION PVT LTD [Strike Off] CIN = U45400WB1982PTC035570

Company & Directors' Information:- S V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC055629

Company & Directors' Information:- M N P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1980PTC022351

Company & Directors' Information:- A H A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400UP2010PTC040773

Company & Directors' Information:- S T S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U60109WB1996PTC081825

Company & Directors' Information:- J J CONSTRUCTION PVT. LTD [Strike Off] CIN = U45200WB1989PTC046714

Company & Directors' Information:- D P CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1987PTC042320

Company & Directors' Information:- G S CONSTRUCTION PVT LTD [Strike Off] CIN = U45201WB1994PTC063238

Company & Directors' Information:- S E CONSTRUCTION PVT LTD [Strike Off] CIN = U45202WB1988PTC044630

Company & Directors' Information:- H K CONSTRUCTION PVT LTD [Active] CIN = U45201GJ1981PTC004160

Company & Directors' Information:- A V CONSTRUCTION CO PVT LTD [Active] CIN = U45202PB1982PTC004971

Company & Directors' Information:- G N CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202OR2000PTC006244

Company & Directors' Information:- D P T CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45202MH2001PTC131559

Company & Directors' Information:- J CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200TZ2012PTC018250

Company & Directors' Information:- S K E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202JH2012PTC000666

Company & Directors' Information:- A K G CONSTRUCTION PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U45201DL2005PTC134347

Company & Directors' Information:- L J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142321

Company & Directors' Information:- R H P CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45203MP2001PTC014739

Company & Directors' Information:- R AND M CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45202UP1994PTC017286

Company & Directors' Information:- B AND R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201AS1990PTC003431

Company & Directors' Information:- J K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210OR1987PTC001858

Company & Directors' Information:- B T CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70101WB1997PTC085448

Company & Directors' Information:- P V CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70100DL1998PTC097116

Company & Directors' Information:- M T CONSTRUCTION PVT LTD [Strike Off] CIN = U26933OR1985PTC001496

Company & Directors' Information:- A K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U29248UR1982PTC005795

Company & Directors' Information:- P B CONSTRUCTION (INDIA) LIMITED [Strike Off] CIN = U01131TN1995PLC032650

Company & Directors' Information:- S K P CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201CT2008PTC020585

Company & Directors' Information:- A P G CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC168160

Company & Directors' Information:- B. CONSTRUCTION PVT. LTD. [Strike Off] CIN = U00894BR1989PTC003616

Company & Directors' Information:- Y S K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC134417

Company & Directors' Information:- P K A S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC138117

Company & Directors' Information:- R G M CONSTRUCTION PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200BR1992PTC004863

Company & Directors' Information:- A TO Z CONSTRUCTION CO PRIVATE LTD [Strike Off] CIN = U70101DL1987PTC029674

Company & Directors' Information:- O S CONSTRUCTION PVT LTD [Strike Off] CIN = U00351JH1990PTC003764

Company & Directors' Information:- D I CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC061454

Company & Directors' Information:- P N CONSTRUCTION PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2003PTC122894

Company & Directors' Information:- A + E CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1990PTC042290

Company & Directors' Information:- S N CONSTRUCTION PVT LTD [Strike Off] CIN = U45203OR1983PTC001211

Company & Directors' Information:- J. K. D. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209PB2009PTC033102

Company & Directors' Information:- B H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH2009PTC193976

Company & Directors' Information:- K L G CONSTRUCTION INDIA PRIVATE LIMITED [Strike Off] CIN = U45201MH2015PTC264933

Company & Directors' Information:- J W CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC198916

Company & Directors' Information:- U N CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400PN2014PTC150730

Company & Directors' Information:- G T K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1996PTC096261

Company & Directors' Information:- J B CONSTRUCTION PVT LTD [Strike Off] CIN = U45200MH2004PTC025668

Company & Directors' Information:- U S CONSTRUCTION AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U45200MH2004PTC149583

Company & Directors' Information:- HYDERABAD CONSTRUCTION COMPANY LIMITED [Strike Off] CIN = U45200TG1934PLC000081

Company & Directors' Information:- R M J CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70102UP2010PTC040949

Company & Directors' Information:- M V CONSTRUCTION COMPANY PVT LTD [Strike Off] CIN = U45400WB1967PTC011413

Company & Directors' Information:- A P L CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45209HP2010PTC031395

Company & Directors' Information:- H AND K CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U70200HP2014PTC000633

Company & Directors' Information:- I. A. A. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45204DL2011PTC220447

Company & Directors' Information:- R M D CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC185164

Company & Directors' Information:- A R M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2008PTC185770

Company & Directors' Information:- G-5 CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC265907

Company & Directors' Information:- U P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2014PTC271791

Company & Directors' Information:- V 2 S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC273750

Company & Directors' Information:- A T N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2015PTC288656

Company & Directors' Information:- I G CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45201DL1996PTC077365

Company & Directors' Information:- P P S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC138608

Company & Directors' Information:- K. C. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2012PTC231726

Company & Directors' Information:- N R D CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2012PTC244905

Company & Directors' Information:- S A Z CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U70102DL2014PTC267130

Company & Directors' Information:- A & Z CONSTRUCTION CO. PRIVATE LIMITED [Strike Off] CIN = U70101DL2012PTC231712

Company & Directors' Information:- B & U CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45203GJ2013PTC075424

Company & Directors' Information:- C P CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1988PTC043759

Company & Directors' Information:- K P CONSTRUCTION (INDIA) PVT LTD [Strike Off] CIN = U74210WB1985PTC039394

Company & Directors' Information:- T K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210WB1985PTC039731

Company & Directors' Information:- A P S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR1986PTC002374

Company & Directors' Information:- B P CONSTRUCTION CO PVT LTD [Strike Off] CIN = U95201WB1955PTC022488

Company & Directors' Information:- A R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201CH1988PTC008459

Company & Directors' Information:- A S G CONSTRUCTION CO. PRIVATE LIMITED [Strike Off] CIN = U70200DL1996PTC075278

Company & Directors' Information:- W & C CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209PN2006PTC129169

Company & Directors' Information:- T & A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC164939

Company & Directors' Information:- S R S S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC176504

Company & Directors' Information:- B C R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U99999MH1979PTC021005

    Complaint Case No. 95 of 2017

    Decided On, 12 February 2020

    At, Telangana State Consumer Disputes Redressal Commission Hyderabad

    By, THE HONOURABLE MR. JUSTICE M.S.K. JAISWAL
    By, PRESIDENT & THE HONOURABLE MRS. MEENA RAMANATHAN
    By, MEMBER

    For the Complainants: M. Balasubramanyam, Advocate. For the Opposite Parties: M/s. Kochar & Co., Advocate.



Judgment Text


Oral Order :

This is a complaint filed by the Complainants under Section 17(1)(a)(i) of the Consumer Protection Act, 1986 praying to direct the Opposite parties to register the flat immediately and give possession of the flat in living condition with all facilities as agreed vide agreement; to pay monthly rental accrual of Rs.19,000/- per month as per agreement from 01.08.2013 till the date of possession of the flat amounting to Rs.11,51,400/- (as on 30.04.2017) including simple interest @ 24% per annum till date of realization; to pay interest on the principal component of Rs.51,75,917/- from April 2015 till the date of possession and registration as compensation for delay in handing over of flat i.e., 24 months along with interest @ 24% per annum till the date of realization; to pay the damages of Rs.2,50,000/- and Rs.2,50,000/- for the mental agony and also to pay interest @ 24% on the monies collected prior to agreement, together with costs of Rs.30,000/-.

2) The case of the Complainants, in brief, is that Opposite parties 2 and 3 as Directors of Opposite party No.1 floated a venture for construction of multistoried residential flats under name and style “Aditya’s Imperial Heights” over the land measuring 10 acres 10 guntas situated in Sy.Nos.83, 84, 85, 86 & 87, situated at Hafeezpet village, Serilingampally mandal, Ranga Reddy district having acquired the same vide Development Agreement-cum-General Power of Attorney dated 23.12.2009 and explaining the salient features, amenities, facilities being provided in the above venture, attracted the Complainants to purchase flat. Accordingly, Complainants opted to purchase the flat No.603-E Gardenia (E-block) 6th floor in Aditya’s Imperial Heights, Hafeezpet, Hyderabad with 1900 sft for a consideration of Rs.59,15,000/- and paid Rs.50,000/- as advance on 14.08.2011 and subsequently paid further sums on various dates amounting to Rs.51,75,917/-.

3) It was agreed by the Opposite parties to pay the rent @ Rs.10/- per sft from the date of confirmation advance till completion of flat. Though there was delay in construction and completion of flat, the Opposite parties failed to pay the rent. Even there was no whisper from the side of Opposite parties as to the period of completion since the agreed period was over. Hence, the complaint with the reliefs, as stated supra, at paragraph-1.

4) Opposite parties filed written version contending that there is no privity of contract between Opposite party No.2 and the Complainants. Taking advantage of their own wrongs, Complainants filed the present complaint. They admitted booking of flat in question by Complainants for the sale consideration of Rs.59,15,000/- and entering into agreement of sale and Tripartite Agreement dated 13.10.2012. The Complainants failed to make payments within the time specified which resulted in delay. Hence, there is no deficiency in service or negligence on their part. Accordingly, prayed to dismiss the complaint with costs.

5) In order to substantiate their rival contentions, the Complainants filed the affidavit evidence of Ravi Rathi as PW1 and the documents Ex.A1 to A14 while the Opposite parties got filed the affidavit evidence of Thota Satyanarayana, their Executive Director as RW1.

6) The point for consideration is as to whether there is any deficiency in service on the part of the Opposite parties and if so, whether the Complainants are entitled for the reliefs as prayed for? If so, to what relief.

7) The admitted fact is that the Complainants have agreed to purchase Flat bearing No.E-603 Gardenia admeasuring 1900 sft in the apartment known as “Aditya’s Imperial Heights, Gardenia block. The total cost of the flat was determined at Rs.59,15,000/-.

8) Ex.A1 is the document that was executed in between the parties at the inception of the transaction, it is dated 16.08.2011. Ex.A1 acknowledges the payment of Rs.50,000/- by the Complainant to the Opposite party No.1 vide cheque No.481129 dated 14.08.2011. The said letter further lays down the terms and conditions. So far as the present case is concerned, the relevant clause is conditions No.4, 5, 6, and 7 in Ex.A1. For the sake of clarity, the said four conditions are extracted as reads as under.

“4. The rent will be calculated from the day of booking confirmation amount 10% is paid by the customer. The rent will be credited to the customer account upon payment of first instalment of 15% (i.e., commencement of foundation work) and subsequently rent will be credited to the customers account t on 10th of every month subject to making of payment by the customer strictly as per the payment schedule enclosed.

5. The company will pay the rent to the customer @ Rs.10/- Sq.ft from the date of payment of confirmation advance till the completion of the flat construction.

6. The rent will be calculated and will be credited to the customers account every month and the sale consideration will be reduced to that extent every month.

7. In case the customer makes the full payment either through home loan or self funding the rent amount will be paid directly to the customer on 10th of every month.”

9) The next aspect to be mentioned is that the Opposite parties called upon the Complainants to pay a sum of Rs.8,87,250/- before 10.11.2011, which, according to the Opposite parties takes care of 15% of the cost of the property. This amount was admittedly paid by the Complainants to the Opposite parties.

10) Ex.A4 is the consolidated receipts issued by the Opposite parties on 20.10.2012 wherein they acknowledged that by 07.11.2011, the amounts that were paid by the Complainants are (1) Rs.50,000/- on 14.08.2011 through cheque No.481129; (2) Rs.4,50,000/- on 20.08.2011 through cheque No.481130; (3) Rs.91,500/- on 20.08.2011 through cheque No.004104 and (4) Rs.8,87,250/- on 07.11.2011 through cheque No.004112.

11) Ex.A4 also makes note of the further payment made by the Complainants to the Opposite parties and in all, it acknowledges that by the said date viz., 20.10.2012, the Complainants paid 55% of the cost of the flat to the Opposite parties, this was the receipt issued by the Opposite parties.

12) The next document that needs to be referred to is the Agreement of sale dated 13.10.2012 marked as Ex.A2. The controversial clause in the said agreement is clause-6 and 7, which reads as under:

“6. The rent will be calculated and will be credited to the customer flat account every month and adjusted to the sale consideration. This amount will be reduced from the final two instalments of sale consideration of the customer.

7. In case the customers makes the full payment either through home loan or self funding the rent amount will be paid directly to the customers on 10th of every month.”

13) The controversy though appears to be exhaustive but as a matter of fact, it lies in a narrow compass and that as to how the rent that is agreed to be paid by the Opposite parties to the Complainants was to be adjusted.

14) According to the Complainants, the Opposite parties agreed to adjust the rent every month right from the date of inception and get credit the rental component to the loan account of the Complainants but whereas according to the Opposite parties, even though the Complainants were entitled to the said rent as claimed, but the said amounts will be adjusted/reduced only from the final two instalments of sale consideration of the customer.

15) The Complainants submit that even though the Agreement of sale contains the above clause which has been extracted, they had been resisting about it from the beginning on the ground that, that was not the actual agreement between the parties and as a matter of fact what was agreed was that every month the rent component will be credited to the account the moment they complete the payment of 15% of the consideration which admittedly has been paid by them by 10.11.2011 itself. However, the Opposite parties though gave credit to the rental component every month, but in the final analysis what the Opposite party has done is that they are demanding to pay the rental component to be adjusted from the final instalments only and till the rent component was not paid to the Complainants but was adjusted, the Opposite party is demanding interest on the said amount which in fact, the Opposite party is not entitled to.

16) In other words, the controversy is as to whether the Opposite party can firstly permit the Complainants to deduct the rent component every month and to pay instalments as agreed and subsequently turn down and say that though the Opposite parties are liable to pay the rent component every month but the same has to be adjusted only in the last two instalments of the sale consideration.

17) As the matter now stands, it is not disputed that the Complainants have paid 95% of the sale consideration, the flat is also ready for delivery of possession and that the Complainants are ready and are prepared to pay the balance sale consideration and can get property registered in their favour. However, the Opposite parties would have it that the Complainants being educated are aware of the terms and conditions of Agreement and have paid the amounts as per their will and wish. They further contend that any breach or violation if not objected for one reason or other, it will not become valid. Other than the above, there do not seems to be any major controversy in between the parties so as to adjudicate the lis.

18) Except denying the version of the Complainants, nothing is placed on record by the Opposite parties. Even it is not made known whether the flat is ready for occupation. It has been the contention of the Complainants that they are ready to pay the balance sale consideration no sooner the flat is made ready for occupation. Except contending that Complainants are not eligible for rental benefits as they defaulted in paying instalments as per payment schedule, no piece of paper is filed by Opposite parties in support of their contention. As per clause-19 of Agreement of sale Ex.A2 dated 13.10.2012, the Opposite parties agreed to complete the construction of flat within 24 months with a grace period of six months from the date of execution of the agreement, which expired by 13.04.2015. As per clause-5 of the very same agreement, the Opposite party No.1 agreed to pay the rent @ Rs.10/- per square feet from the date of payment of confirmation advance till the completion of the flat construction.

19) Clause-4 of Ex.A1 and Ex.A2 contemplates that the rent will be calculated from the day of booking confirmation amount 10% is paid by the customer. It further contemplates that the rent will be credited to the customer account upon payment of first instalment of 15% (i.e., commencement of foundation work) and subsequently rent will be credited to the customers account on 10th of every month. In the instant case, the booking advance of 10% amounting to Rs.5,91,500/- was paid by the Complainants in the form of three cheques bearing No.481129, dated 14.08.2011 for Rs.50,000/- drawn on Axis Bank; cheque No.481130 dated 20.08.2011 for Rs.4,50,000/- drawn on Axis Bank and another cheque bearing No.004104, dated 20.08.2011 drawn on IDBI Bank, as is evident from Ex.A4. Further, the 15% of the foundation stage amount of Rs.8,87,250/- was paid by the Complainants on 07.11.2011 by way of cheque bearing No.004112 of IDBI bank.

20) Having received and having not disputed the same, the Opposite parties cannot turn round and contend that the amount is not paid as per the schedule mentioned in the agreement. We have carefully perused the payment schedule appended to Ex.A1. Nowhere, in the written version or in the affidavit evidence, the Opposite parties furnished the dates of commencement of foundation work or at least the stages of completion of the apartment “Imperial Heights” E-block Gardenia so as to accept the same to be true. Nothing prevented the Opposite parties from filing the documents showing the dates of completion of construction work stage-wise. Even to the queries of Comp

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lainants as to the completion of flat and handover the same for their occupation, there is no whisper from the side of Opposite parties. The burden lies on the Opposite parties to show that they have completed the construction as per the terms of agreement and made ready the flat for occupation of Complainants, which they failed to. 21) For the aforesaid reasons, we answer the point framed for consideration in favour of the Complainants and against the Opposite parties. Accordingly, the Opposite parties are liable to pay the rent @ Rs.10/- per sft from 07.11.2011 onwards (the date of payment of 15% of construction cost) for the flat in question apart from handing over the possession of the flat duly registered in favour of the Complainants. 22) In the result, the complaint is allowed in part directing the Opposite parties jointly and severally to deliver/handover the physical possession of the subject flat bearing No.603-E in 6th floor of Gardenia Block-E comprising of 1900 square feet and to register/convey the same in favour of the Complainants subject to receipt of balance sale consideration and further the Opposite parties are directed to pay the rent @ Rs.10/- per sft from 07.11.2011 onwards till date of handing over the possession and costs of Rs.5,000/-. In view of grant of rent, the claim for other reliefs is dismissed.
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