BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD

C.C.No.102

Between:

Sri Willy Kan S/o Albert Kan
aged about 35 years, occ: Business
R/o Flat No.302, Sai Kausalya Apts.,
Municipal No.1-2-384/1, Domalguda
Hyderabad

                                                                        A N D

1.  Sri Sikhara Constructions having its office at
flat No.102, Sphinx Apartments Street No.1,
Himayatnagar, Hyderabad being rep. by its
Managing Partner Mr.K.Vishnu Vardhan Reddy
S/o late K.Kista Reddy, aged 46 years, Occ:Business
R/o Flat No.301, Star Homes, Domalguda, Hyderabad

2.  K.Vishnu Vardhan Reddy S/o late K.Kista Reddy
aged 46 years, Occ:Business R/o Flat No.301,

Star Homes, Domalguda, Hyderabad

3.  R.Narasimha Reddy S/o R.Satyanarayan Reddy
aged 52 yrs, Occ: Business, R/o Flat No.102
Sphinx Apartments, Street No.1, Himayatnagar
Hyderabad

4.  Jaligama Prakash S/o late J.Balaiah @ Balappa
aged 55 years, Occ:Business

5.  Jaligama Ramesh late J.Balaiah @ Balappa
aged 50 years, Occ:Business

6.  Jaligama Suresh late J.Balaiah @ Balappa
aged 47 years, Occ:Business

7.  Jaligamma Ashok late J.Balaiah @ Balappa
aged 42 years, Occ:Business

Ops No.5 to 7 all are R/o H.No.3-6-369/A/22,
Street No.1, Himayatnagar, Hyderabad

Counsel for the Complainants               

Counsel for the opposite parties    

M/s S.Ramachandra Prasad (OP3)

QUORUM:  

                       SRI THOTA ASHOK KUMAR, HON’BLE MEMBER

Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)

1.             `45,00,000/- with interest @24% p.a.`25,00,000/- towards compensation and  `20,000/- costs.

2.             

3.            `65,00,,000/- The complainant paid an amount of `20,00,000/- on 24.11.2008 to the second opposite party.`8,00,000/- on 16.10.2009 towards part payment of sale consideration. The opposite parties no.1 to 3 executed supplementary agreement on 26.03.2009 and received an amount of`6,00,000/- .

4.     the construction and handover possession of the flat on or before 25.01.2011. Thereafter the complainant paid a sum of`7,00,000/- on various dates to the opposite parties no.1 to 3. After a year of entering into agreement , the opposite parties no.1 to 3 have not completed the project to the requisite stage and pressurized the complainant to pay the balance sale consideration of`20,00,000/-which the complainant refused as there was no progress in the project. The complainant came to know that there are interse dispute between the opposite parties no.2 and 3 and some of the purchasers filed complaint before this Commission in C.C.No. 2 of 2010, 35 of 2011 and 85 of 2011. The complainant got issued notice on 5.08.2012 to complete construction of the flat and hand it over to him or refund the amount received from him along with interest and compensation. 

5.             including providing of the amenities. The complainant entered into agreement to purchase flat no.502 and refused to pay the balance sale consideration. C.C.No. 2 of 2012 is partly allowed and C.C.No. 35 of 2011 and 85 of 2011 are dismissed against the opposite parties no. 1 and 3 and was allowed partly against the opposite party no.2. The complaints are not relevant for the present complaint. The complainant has not expressed his readiness to pay balance sale consideration inspite of reminders by the opposite parties no.1 and 3. The notice sent by the complainant was not received by the opposite parties no.1 and 3. There is no oral understanding between the complainant and the opposite parties no.2 and 3 that at the time of registration of sale deed the presence of opposite party no.2 is essential.

6.    `65,00,,000/- and paid45 `20,00,000/- to the 3^rd`8,00,000/-to the second opposite party. The complainant entered into supplementary agreement exclusively with the 3<sup>rd</sup>`8,00,000/- under supplementary agreement to the 3^rdrd 

 7.   

8.     

9.    

i)                   Whether there is deficiency in service on the part of the opposite parties?

ii)                   To what relief?

10.           :   65,00,,000/-. As per clause 4 of the agreement of sale the opposite parties no.1 to 3 have to complete construction work of the flat and hand over it to the complainant within 24 months from the date of agreement of sale.

 11.          `45,00,000/- on various dates till 9.,12.2011. 

12.   stndrdstrd`20,00,000/-. The complainant got issued notice through his advocate on 4.08.2012 to the opposite parties no.1 to 3 that he paid an amount of`45,00,000/- and they neglected to complete the construction of the flat.

13.     14.    15.    `65 lakhs on different dates from the complainant.  `20 lakhs to the opposite party no.2 and the opposite party no.2 should complete the construction of the flat and hand over it to the complainant as also the opposite parties no.2 and 3 representing the opposite party no.1 shall execute registered sale deed in favour of the complainant in respect of flat no.502.

16.   `20 lakhs from the complainant.   `5,000/-. 

                                                                                                                                                      KMK*

For complainant                                                 

NIL                                           

For complainant

Ex.A1               

Ex.A2               

Exs.A3

To            

Ex.A10

Ex.A11      

Ex.A12      

Ex.A13      

Ex.A14      

Ex.A15      

Ex.A16      

Ex.A17      

Ex.A18      

Ex.A19.     

For opposite parties

NIL