Case nº First Appeal No. 698/ 699 Of 2013, (Against the Order dated 05/02/2013 in Complaint No. 5/6/2007 of the State Commission Maharastra) With Ia/7077/2013 of NCDRC Cases, September 22, 2014 (case 1. Anil 2. Arvind Vs 1. Millenium Developers and Promoters and Anr. 2. Nagpur Improvement Trust, Nagpur)
| Judge | For Appellant: Mr. Ketan V. Bhoskar, Advocate and Mr. V. T. Bhoskar, Advocate and For Respondents: Mr. Atul K. Chandak, Advocate and Nemo |
| President | Mr. J.M. Malik, Presiding Member and Mr. Dr. B.C. Gupta, Member |
| Resolution Date | September 22, 2014 |
| Issuing Organization | NCDRC Cases |
Order:
J. M. Malik
-
This order shall decide two cases because tfacthese entail the same facts and laws.
-
The learned counsel for the parties are present. Arguments heard. The facts germane to these cases are as follows. Sh. Anil and Sh. Arvind are real brothers. The land in question belongs to the complainants. They were to give two flats and two shops each by the opposite parties, but the grouse of the complainants is that they were given only one flat and one shop each. The learned counsel for the respondent no. 1 has pointed out that as a matter of fact, the whole plot belonged to Sh. Mahadeo, since deceased, who is the father of the complainants. Sh. Madadeo left behind six legal heirs. Out of the six legal heirs, four legal heirs sold out their shares to the opposite parties and the remaining legal heir''s shares went to the complainants. So, they are entitled to two flats and two shops only and not four flats and four shops.
-
The arguments do not whittle down the value of agreement. The agreement entered into between the parties is the crucial evidence, main pillar, foundation on which this entire case rests. The agreement clearly, specifically, unequivocally stipulates as under:-
"(D) That besides the aforesaid cash consideration the Developer has further specifically agreed to construct as part of consideration at its own costs 2 (Two) Apartments covering a Super Built-up area of about 1,000 Sq. Ft. Each on the Third Floor alongwith facility of list and 2 (Two) Shops covering a Super Built-up area of about 300 Sq. Ft. each on the Eastern side of Ground Floor of a Multistoreyed Building proposed to be constructed on the said land in accordance with the standard economical specification and to give, grant and convey the same to the owner within 20 Months from the date of receipt of physical possession of the entire property. If the Party No. 2 fails to handover the possession of the said built-up spaces within the stipulated period to the Party No. 1 then it shall pay to the Party No. 1 the actual amount of rent to be incurred by him for the tenanted premises from the proposed date of possession till receipt of possession of said built-up spaces. However, the Stamp Duty on said deeds of transfer of respective built-up spaces agreed to be retained by the Owner/Party No. 1 shall be solely borne and paid by the Party No. 1/Owner as per the prevailing market value. The said Apartments shall have facility of lift."
-
The learned...
To continue reading
Request your trial