BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.
C.D.No. 25 OF 2006
Between:
1. Syed Hassan, S/o.late Syed Mohiuddin,
2. Syed Mohammed, S/o.late Syed Mohiuddin,
3. Mrs.Fatima, W/o.Dr.A.M.Mohajir, aged about
4. Mrs.Amtul Nayeem, W/o.Sri Hamid Hussain,
5. Mrs.Sabeeha, W/o.Hamiudin Ahmed,
1. M/s.Tirumala Homes Private Limited,
2. N.Chandra Sekhar, S/o.late N.Raghu Ramulu,
West Marredpally,
Counsel for the
Counsel for the Opposite parties
ORAL ORDER: (Per Smt.M.Shreesha, Hon’ble Member).
The brief facts as set out in the complaint are that on 1stHyderabad. ndth thththSeptember, 2004.
All the original documents pertaining to the property were handed over by the complainants to the opposite party and Notarized photo copies of the said documents were retained by the complainants. th th th th
The complainants submitted on 9th th ththth ththth
a) Complainants agreed to take 30% of the total constructed area in ththth
b) Opposite party agreed to take 30% of the commercial area in cellar portion as their share.
c) Opposite party agreed to allot 40% of the entire parking area
d) Defendants have agreed to allot 40% of the balance open area and terrace.
e) Changes in the demarcated flats of complainants were specified.
f) Opposite party has agreed to complete the construction of southern block by 31st
g) Complainants agreed to take the balance commercial area from stilt floor in the cellar portion, according to the calculation done with respect to the plan presented on that day.
h) Total development period was extended by 10 months and shall be completed by 30th
i) It was agreed that the terms and conditions of the original agreement would be binding.
j) Opposite party agreed to bear entire expenditure of construction and other legal expenditures for 6ththfloors and commercial portion.
The complainants submitted that since January, 2005, opposite party started ‘avoiding payment of Rs.15,000/- per month as expenses for alternate arrangement and used to clear dues after repeated requests. stst th th st thth
a) Avoiding to demarcate the complainants share of approximately 1433 sq. ft. in 6thth
b) Avoiding to demarcate commercial area in the cellar portion
c) Avoiding to demarcate parking space
d) Avoiding to give details of measurements of commercial area
e) Avoiding or refusing to give details of Rs.90,000/- per flat as amenities charges
f) Demanding Rs.15,000/- per flat as generator expenses, which are not mentioned in the agreements
g) Till date, opposite party paid only Rs.8,50,000/- out of Rs.16,00,267/- as HMWSSB connection charges
h) Avoiding to give details of sanctions of electricity connections and deposits
i) Refuses to complete and stopped work in the flats allotted to the complainants citing several vague reasons
j) Stopped payment of Rs.15,000/- per month since July, 2005 as expenses for alternate arrangement
k) Refuses to pay compensation
l) Refused to handover the sale money of Rs.19,12,000/- of shop No.4 sold to Mr.Meherchand and Mr.Jathanand from complainants share of commercial areas mentioned in the agreement even after one year of handing over possession
m) Refuses to settle total amount received :Rs.29,12,000/- i.e. i) commercial sale Rs.19,12,000/- and ii) service connection charges Rs.10,00,000/-.
Opposite party in response to the legal notice got issued a reply dated nil with thth
i) to complete the balance works in Flat No.105 in I floor, 201 and 202 in II floor, 306 thth
ii) to hand over or account for balance 30% of built up area measuring 1433 sq. ft. in 6ththth
iii) to complete all the works in common areas of the entire building complex including car parking areas shown in lower ground floor and upper ground floor of the schedule mentioned property
iv) to pay an amount of Rs.19,12,000/- which was received by him in pursuance of the sale of the shops area belonging to the complaints in the schedule mentioned property with interest at 18% p.a. from August, 2004 till the date of payment or in the alternative the complainants be permitted to adjust the said amount in the deposit amount of opposite party lying with the complainants.
v) to direct opposite party to pay a sum of Rs.1,35,000/- being the arrears of expenses at Rs.15,000/- per month from July, 2005 to March, 2006 together with future expenses @ Rs.15,000/- per month from the date of filing of complaint till the completion of all works in all respects in the flats bearing thth
vi) to pay
vii) to obtain “Occupancy Certificate” from Municipal Corporation ofHyderabad
viii) to obtain NOC from the Fire Services Department as required under law in respect of schedule mentioned property
ix) to direct the opposite party that till the complainants select their choice of parking as per the Agreement, not to allot or deal with car parking in the schedule mentioned property
x) to direct the opposite party to demarcate the commercial area of the complainants in upper ground floor of the building complex described in the schedule property
xi) to award costs
xii) And grant such other relief or reliefs as thisHon’ble Court
Opposite parties filed counter stating that the complainants are in possession and enjoyment of their respective portions in accordance with the development agreement and they have let out the same and enjoying rents fro the tenants in occupation. The complainants are not entitled to maintain the complaints before this Commission by claiming any rights in respect of unauthorized structures in respect of the schedule property as the said unauthorized structures were undertaken by the opposite party at the request of complainant and the same could not be completed due to notice issued by the Municipal authorities and hence the claim of the complainant is speculative and unlawful and therefore liable to be dismissed. stHyderabad. They admitted that they paid a sum of Rs.5,00,000/- to the complainant towards part of advance on the said day out of total sum of Rs.30,00,000/- and state that subsequently from time to time, they paid the balance of advance of interest free security deposit of Rs.25,00,000/- to the complainants.
ththth thth thth
The brief point that falls for consideration is whether there any deficiency of service on behalf of the opposite parties and the complainants are entitled to the reliefs sought for in the complaint.
Ex.A5 is the permit dated 23.10.2003 issued by MCH and Ex.A6 is the Memorandum of Understanding dated 6.11.2004 entered into between the complainants and the opposite parties.
thth Ex.B18 is a tax due details of the year 2007 and 2008 of GHMC and Exs.B19, B20, B21, B22, B23, B24, B25, B26, B27, B28, B29, B30 and B31 are all tax due details of the year 2007-08 of all the complainants for Dr.No.8-3-940/105.
st It is the case of the complainant that the opposite parties deleted the construction and the opposite parties contend that though the agreement was initially dated 1.5.2000, in spite of several efforts, the municipal authorities did not give building sanction and therefore the construction work only began after the agreement dated 8.3.2002. Hyderabad th
1. That the construction of the building will be increased by two upper floors i.e., in addition to the earlier proposed 5 floors, 6 and 7 floors will be constructed.
2. The builder has to bear the entire expenditure with respect to fees payable to MCH.
3. The builder will bear expenditure with respect to liaisoning for the entire commercial area and parking in the cellar portion.
4. The complainants will get 30% built-up area and the opposite parties will get 70% for the 6thth
5. The complainant will get 40% of the entire parking area and the opposite parties will get 60% of the entire parking area in the stilt and cellar portion.
6. The complainant will get 20 car parkings and the opposite parties 32 car parkings as per further details in the same clause.
7. The complainants and the opposite parties will share in 30 : 70 ratio only to the extent of additional constructed area above 5th
8. Both the parties have agreed that the complainants will get Flat Nos.205, 103, 403, 603, 605, 702 in the 6ththfloors.
9. The final allotment of flats to the complainants is Nos.103, 105, 201, 202, 205, 303, 304, 306, 401, 403, 502, 503 till 5ththth10. It is agreed by the builder that 3rdth
11. Clause is with respect to the adjustment to be made for
12.
13. There shall be no further additional construction and
14.
stndrdthththth rd rd
“ If the party of the second part fails to complete the project and handover 40% of the built up area inclusive of common areas within 30 months from the date of handing over the possession of Schedule-A property to the parties of the first part, including the grace period of 6 months, the party of the second party shall pay an amount of Rs.10,000/- (Rupees Ten thousand only) per month, towards compensation for the delayed period over and above the period mentioned in clause (4) herein above to the parties of the first part till the date of completion of construction and handing over possession of 40% of built up area, inclusive of common areas and parking area”.
This above clause clearly indicates that the first party (complainant) has to hand over the entire schedule-A property to the oppose party and then only the period will start for completion of the building in 30 months.
While it is the case of the complainants that there were incomplete works left which is supported by the Commissioner’s report that part of the work is still pending in Flat Nos.304, 306, 605, 702 and also in the parking lot in the sub cellar. Opposite parties submitted that they handed over the entire possession to the complainants. This clause has not been included in the agreement and therefore the opposite parties are bound by the terms and conditions of the agreement.
Clause 4:
Clause 15: If the party of the second part fails to complete the project and handover 40% of the built up area inclusive of common areas within 30 months from the date of handing over the possession of Schedule-A property to the parties of the first part, including the grace period of 6 months, the party of the second party shall pay an amount of Rs.10,000/- (Rupees Ten thousand only) per month, towards compensation for the delayed period over and above the period mentioned in clause (4) herein above to the parties of the first part till the date of completion of construction and handing over possession of 40% of built up area, inclusive of common areas and parking area”.
thth thththth
For the complainants
Ex.A1 Ex.A7
For opposite parties
Ex.B1 Ex.B3
Ex.B10, B12 B31
