LAW FOR ALL

incompetence of the builder as well as land owners, since there was deficiency on their part, in completing the houses.- “ It is an admitted fact that the builder stopped the work due to economic crises and non receipt of payments from the purchasers, it is also to be considered that the complainant has paid Rs. 34.20 lakhs way back in 2008 itself but the builder did not progress with the construction. Even Ex. A9, valuation report, by a chartered engineer states that the construction cost is only Rs. 22,42,000/-. It is an admitted fact that the complainant paid an amount of Rs. 34,20,000/- by 12-06-2008 for House No. 297 and till the date of filing of the complaint i.e. 01.11.2010 as per the complainant’s affidavit, the opposite parties did not develop the layout and did not complete construction of the said house. Therefore, we are of the considered view that there is deficiency in service on behalf of the opposite party No. 3 builder in receiving payments by 12-06-2008 itself and not adhering to terms of the agreement with respect to delivery of the possession of the said house and therefore we are of the considered view that clause 12 of Ex. A7 agreement dated 08.10.2009, reads as follows: 12. The VENDEE, at any time during this Agreement & prior to registration reserves his right to withdraw and cancel this agreement, whereupon all the money received by the Builders shall be repaid within one month thereof”