Decided on March 24,2003

A.S.Raman Appellant
VANTAGE HOMES (P) LTD. Respondents


P.RAMAKRISHNAM RAJU,PRESIDENT - (1.) THE case of the complainant is that the opposite parties 2 and 3 who are husband and wife are doing real estate business under the name and style of ňúVantage Homes, They offered plots in S. Nos. 101/A to 12 in Miyapur, R.R. District. The complainant paid a sum of Rs. 3 lakhs towards sale consideration for two plots bearing Nos. 424 and 425. He also paid Rs. 1,60,000/ - towards registration, Municipal development, etc. But the opposite parties could not convey the plots to the complainant as promised on some pretext or the other. Hence he filed this complaint for recovery of the amount paid by him together with interest at 24 per cent per annum and damages of Rs.
(2.) LAKHS . 2. In the counter -affidavit filed by the opposite parties not only payment of Rs. 4,60,000/ - by the complainant was denied, but stated that they have issued receipts to the complainant for the said amount towards security for obtaining loan from the institutions for doing share business. They denied that any cheques were issued by them as alleged by the complainant. There is no deficiency in service and hence the complaint may be dismissed with exemplary costs. The complainant filed his affidavit besides filing Exs. A -1 to A -20 while the opposite parties filed the affidavit of the second opposite party besides filing Exs. B -1 and B -2.
(3.) THE point, therefore, that arises for consideration is whether there is any deficiency in service on the part of the opposite parties, if so, to what relief, the complainant is entitled to? The case of the complainant is very simple. The opposite parties 2 and 3 who are doing real estate business offered plots in S. Nos. 101/A to 12 in Miyapur, R.R. District, Accordingly, the complai -nant paid a sum of Rs. 3 lakhs towards plot Nos. 424 and 425 besides paying Rs. 1,60,000/ - towards stamp and regist -ration charges as well as for development of the land. He also filed Exs. A -1/and A -2 receipts issued by the second opposite party stating that a sum of Rs. 25,000/ - is received under each of those receipts for plot Nos. 424 and 425 respectively. They are dated 2.8.1995. On 10.9.1995 the complainant again paid a sum of Rs. 50,000/ - towards plot No. 424, and on 15.9.1995 Rs. 75,000/ - towards Plot No. 425 and, obtained Exs. A -3 and A -4 receipts from the second opposite party. So also on 25.9.1995 a further sum of Rs. 75,000/ - was paid towards plot No. 424 and on 10.10.1995 Rs. 50,000/ - was paid towards plot Nos. 424 and 425 and the second opposite party issued Exs. A -5 and A -6 receipts. All these receipts are stamped receipts and they are issued from the receipt book of Vantage Homes Private Limited, Hyderabad, the first opposite party. Added to this by their letter dated 2.8.1995 the first opposite party informed the complainant that plot No. 425 was allotted to him. The payment of Rs. 25,000/under Ex. A2 was also referred to therein alongwith receipt number. So also under Ex. A -8 dated 2.8.1995 the complainant was informed about the allotment of plot No. 424 and Ex. A -1 receipt bearing No. 077 was also referred to in the said letter. Thus there is ample proof for payment of Rs. 3/ - lakhs by the complainant.;

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