EMANI SHARADA DEVI Vs. G.V.R. MURTHY

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 22.07.2011 passed by the A.P. State Consumer Disputes Redressal Commission, Circuit Bench at Vishakhapatnam (in short, 'the State Commission') in Appeal No. 233 of 2009 Emani Sharada Devi Vs. G.V.R. Murthy by which, while dismissing appeal, order of District Forum dismissing complaint was upheld.

(2.) Brief facts of the case are that complainant/petitioner entered into an agreement for purchase of apartment from OP/respondent and paid Rs.45,000/- on 7.1.2005 and later on paid some more amount in installments totaling Rs.5,05,000/-. OP executed agreement on 7.1.2005 representing himself as power of attorney holder of Mr. A.S. Raja and further agreed to execute sale deed in respect of undivided share of land to the extent of 35 sq. yds. and further agreed to deliver possession of apartment in May, 2005. Neither construction was completed nor sale deed was executed and OP demanded Rs.1800/- per sq. ft . instead of agreed Rs.1035/- per sq. ft. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint, denied execution of sale agreement and further submitted that agreement dated 7.1.2005 was construction agreement. Complainant has neither impleaded A.S. Raja, nor filed sale deed and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint and directed complainant to approach competent Civil Court. Appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.