GANDIKOTA SUBBA RAO Vs. G. SRINATH
LAWS(NCD)-2012-10-52
NCDRC
Decided on October 01,2012

GANDIKOTA SUBBA RAO Appellant
VERSUS
G. SRINATH Respondents

JUDGEMENT

- (1.)The case of the complainants, G. Srinath and G. Sridhar, is that they and their father, are the owners of property bearing 461.5 sq.yds. They sold the said property to one, G. Subba Rao, the petitioner/ opp.party, under Registered Sale Deed, dated 25.11.1996. The petitioner is a Builder. He started a multi-storeyed building venture. He agreed to convey undivided and unspecified 2/80th share, equivalent to 11.52 sq.yds of site along with a shop to be constructed by him in the second floor, which was to be named as 'Shyam Sunder Golden Tower', in the plinth area of 240 sq.ft. for a sum of Rs. 80,000/- i.e. Rs.29,000/- for site value and Rs.51,000/- for construction value.
(2.)There was inordinate delay in construction of the said property. The construction was completed in May, 2006. The Special Power of Attorney of the complainants approached the opposite party and requested him to receive the balance sale consideration of Rs.2,000/- and execute the necessary documents, in favour of the complainants. However, the petitioner did not properly respond to the above said request. A legal notice was given to the petitioner but it did not evoke any response. Consequently, a complaint was filed with the District Forum.
(3.)The District Forum vide its order dated 05.05.2009 allowed the complaint in the following terms:-
"1. The opposite party is hereby directed to execute registered conveyance deed at the expenses of complainant in respect of undivided share of land measuring 11.52 sq.yds in a plinth area of 240 sq.ft constructed on the north eastern corner of second floor of Shyam Sunder Golden Tower as described in item No.2 of schedule of this complaint and deliver vacant possession of the same by receiving balance sale consideration of Rs.2,000/-.

2. For any reason if the opposite party is unable to sell away the same shall pay Rs.5,00,000/- representing the market value of it to the complainants.

3. Rs.1,000/- is awarded towards legal expenses.



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.