TMI Blog2018 (11) TMI 1042X X X X Extracts X X X X X X X X Extracts X X X X ..... ed above ("Opposite Parties"/ "OPs") alleging contravention of the provisions of Section 3 of the Act. 2. The Informants have submitted that the late husband of Informant No.1, Mr. P. Rama Rao, had purchased a residential plot, admeasuring 1670 Sq. yards situated at Kakatiya Nagar, Habsiguda, Ranga Reddy District. Out of 1670 Sq. Yards, 524 Sq. yards was purchased in the name of Informant No.1; 500 Sq. yards was purchased by the Informant No. 1's late husband in his own name, which was also transferred to Informant No. 1 by her late husband during his lifetime; 491 Sq. yards was purchased in the name of Informant No. 2, who was then a minor, by way of registered sale deed. Out of 524 Sq. yards in the name of the Informant No.1, a porti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oper, however, the Informants had not entered into any contract with M/s. Tapasvi Constructions. The Informants have alleged that the OPs entered into an agreement with M/s. Tapasvi Constructions, without the permission of the Informants and other landlords, which amounted to novation of contract leading to violation of the conditions of Development Agreement. 7. The Informants have averred that as per the Development Agreement, the construction of the complex was to be completed within 18 months after obtaining building permission, with 6 months grace period i.e, maximum of 24 months from the date of approval i.e, 18.12.2014. 8. The Informants have submitted that though the OPs started construction immediately after obtaining the permiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Informants have also stated that the OPs agreed to pay a monthly rent of Rs. 9,000/- to Informant No.1 and Rs. 7,000/- to Informant No.2 for the accommodation during the construction period and to that effect OP-1 executed separate Rental Agreements, dated 06.11.2013, with the said Informants. Accordingly, Informant No.1 and 2 shifted to the rented house in the month of December 2013 and the OPs paid rent till December 2014 and after that stopped the payment of rent. Since then Informant No. 1 and 2 are paying Rs. 15,000/- as monthly rent for their tenements from their own pocket. In furtherance of the Memorandum of Understanding dated 21.11.2013, OP-1 issued post-dated cheques dated 01.02.2014, bearing No. 320163 for Rs. 7,25,000/- in f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;ble Court. 14. The Informants have alleged that the OPs have failed to complete and hand over the agreed flats to the Informants/landlords within 24 months of the permission from the GHMC. 15. Based on the above averments and allegations, the present information has been filed by the Informants against the OPs, alleging contravention of the provisions of Sections 3 of the Act. 16. The Informants have inter alia prayed that the Development Agreement- cum-General Power of Attorney executed between the Informants and the OPs be declared as null and void, as the OPs did not complete the construction within the stipulated period as per the said Development Agreement. Further, the Informants have prayed that the OPs be directed to pay, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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