MANOJ AGARWAL Vs. SREE VENSAI PROJECTS LTD
LAWS(APCDRC)-2008-11-2
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on November 28,2008

MANOJ AGARWAL Appellant
VERSUS
Sree Vensai Projects Ltd Respondents

JUDGEMENT

M.SHREESHA, J. - (1.) AGGRIEVED by the order in C.D.S.R. No. 209/2006 on the file of District Forum, Ranga Reddy District, the complainant preferred this appeal.
(2.) THE brief facts as set out in the complaint are that the complainant, who was working as Chief Marketing Officer in M/s. Gati Ltd., Secunderabad approached opposite parties, who were engaged in real estate business and applied for purchase of a flat No. 304 in Ruby Block at Kompally which is in completion stage and ready for occupation by March, 2006 at Rs. 1,025 per sq. ft. for 1600 sq. ft. He issued a cheque for Rs. 2,00,000 dated 2.1.2006 drawn on ICICI Bank, Secunderabad towards advance after submitting an application which was accepted by the opposite parties through their Marketing Manager. The complainant requested the opposite parties to furnish link documents, sanctioned plan and other related papers before the said cheque was encashed but they failed to comply with the said request and hence the complainant issued instructions to the bank to stop payment of the cheque amount. The complainant submitted that the sale transaction of the flat was completed in all respects and the complainant was ready and willing to perform his part of contract in payment of consideration of Rs. 1,025 per sq. ft. but the Marketing Manager of the opposite parties demanded a higher amount of Rs. 1,085 in excess with oblique motive and failed to deliver the copies of documents. The complainant got issued a legal notice dated 15.2.2006 demanding opposite parties to perform their part of contract by executing and register the sale deed in respect of the said flat. Opposite parties gave reply notice dated 9.3.2006 denying all the allegations and further stated that they sold the said flat. The complainant therefore got issued another rejoinder notice dated 27.3.2006 with similar request as a whole and filed a complaint to direct the opposite parties to execute and register the sale deed in respect of flat No. 304 admeasuring 1600 sq. ft. in Ruby Block of M/s. Vensai Projects, Kompally, Hyderabad by accepting the cost of the flat at 1025 sq. ft. totalling to Rs. 16,40,000 or alternatively award damages and compensation of Rs. 10,00,000 with interest at 12% p.a. from the date of complaint till realization together with costs.
(3.) OFFICE of the District Forum took objection to state as how the complainant is a consumer, when he has not paid any amount to opposite party and to fill the blanks in the complaint and Court fee payment particular statements. The District Forum after going through the material and also prayer of the complaint wherein he sought direction to execute register sale deed in his favour without paying a single pie towards sale consideration or part of sale consideration held that such a relief cannot be granted by the Forum and also held that the complainant is not a -consumer' and rejected the complaint as not maintainable.;


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