BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION ATHYDERABAD
F.A.No.1588 OF 2008 AGAINST C.D.No.690 OF 2003 DISTRICT FORUMVISAKHAPATNAM
Between:
1. Hyderabad
2. Visakhapatnam
3. Visakhapatnam
A N D
M/s Akruti Constructions D.Sudhakar D.No.43-11-15/1
Subbalakshminagar
Visakhapatnam-16
Counsel for the Appellant
Counsel for the Respondent
QUORUM:
AND
SRI R.LAKSHMINARASIMHA RAO, HON’BLE MEMBER
THURSDAY THE TWENTY FOURTH DAY OF FEBRUARY
Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)
1.
2. `35,80,000/-. `10 lakh in advance along with registration charges of`32,000/- for 39 sq.yards of the plot. `4,20,000/- in the month of August 2000 towards settlement with the sisters of the complainants. `28,60,000/-. `6,30,000/- for which registration charges were collected by them. `90,000/-. `90,000/- i.e.,`7,20,000/- minus`6,30,000/-.
3. `34,97,916/- from time to time from out of the total agreed consideration of`35,80,000/-. `35,80,000/- towards sale consideration for the entire extent of 716 sq.yards which was to be developed into a building. `6,30,000/- and on 3.8.2000 he addressed letter requesting the opposite party to proceed in accordance of the terms of the agreement and he was no more interested in purchasing the flat and accordingly the opposite party paid a sum of`34,97,916/- which includes the amount paid at the time of execution of the sale deeds in favour of purchasers of the flats and the amount paid to him in cash and also the amount paid at the time of settlement of disputes amongst the family members of the complainants. `34,97,916/- the complainants waived their right to have a flat from the opposite party and they are entitled as per the agreement to`35,80,000/- which includes the cost of the double bed room flat. `82,084/- to the complainants.
4.
5. `90,000/- with interest @ 9% per annum from 17.9.2001.
6. `6,30,000/- towards the cost of the undelivered flat,`90,000/- towards the amount due under agreement and a total amount of`7,20,000/-.
7.
1) Whether the complainants are entitled to the amount of`6,20,000/- towards the cost of the flat and`90,000/- towards the balance amount?
2) To what relief?
8. Visakhapatnam `3,50,000/-. `35,80,000/- out of which an amount of Rs.10 lakhs was paid as advance and the amount of`32,000/- towards registration of 39 sq.yards. `4,20,000/- by the opposite party. `14,52,000/- by the date of development agreement and the balance to be paid was`21,28,000/-. st
9.
10. `35,80,000/-. `35,80,000/-.`14,52,000/- and the balance amount to be paid was`21,28,000/-. `6,32,000/- and deducting the amount of`6,30,000/- from out of the total sale consideration pay the balance to him and that he had withdrawn his proposal for purchase of the flat and demanded the opposite party to provide with the agreement and pay total sale consideration of`35,80,000/-. `35,29,916 to the complainants’ father and the complainants and to the effect the opposite party has filed the statement of account under annexure-1 wherein various amounts on different dates was shown to have been paid and the balance due is mentioned as`50,084/- and another sum of`50,084/- shown as balance payable in annexure-2.
11. `90,000/- to the complainants towards balance sale consideration. `6,30,000/- or in the alternative a sum of`6,30,000/- and the balance amount as per the agreement`90,000/-. `6,30,000/-.
Add 3(I) + (II) 6,37,000/- + 93,216/- , Rs.7,30,216/-.
We are suppose to give Rs.7,20,000/- as per letter in which we have mentioned for 5 registrations but
12. `7,20,000/- and deducted a sum of`6,30,000/- therefrom and thus balance amount to be paid was`90,000/-. `6,30,000/-. `6,30,000/- towards the cost of the flat in addition to the amount of`90,000/- in terms of the agreement.
13. `7,20,000/- to the complainants with interest @ 9% per annum from 17.9.2001 till payment and`2,000/- towards costs of the proceedings.
KMK*
