JUDGEMENT
M.THANIKACHALAM, J. -
(1.) The unsuccessful complainant is the appellant.
(2.) The appellant/complainant had purchased Plot Nos.379 and 382 from the
first opposite party, for the consideration of Rs.40,000/- per plot that
is 1200 sq.ft., including stamp duty, registration, totaling a sum of
Rs.80,000/-. After purchase, based upon the registered documents, when
the complainant approached the Thasildhar for transfer of patta, it was
refused on the ground of incorrect Survey number, resulting rectification
deed has to be executed and registered, not only by the opposite parties,
but also conveying the said property by the original owner Meenakshi.
Despite repeated requests, the opposite parties failed to execute the
rectification deed, thereby caused mental agony. Hence, a consumer
complaint is filed, seeking direction against the opposite parties, to
execute the Rectification Deed for the correct Survey Number including
the conveyance deed by Meenakshi in favour of the third opposite party
for transfer or to pay a sum of Rs.80,000/- paid as consideration with
interest along with compensation of Rs.2 lakhs.
(3.) The District Forum despite the fact, the opposite parties have not
contested the case, scanning the documents produced by the complainant,
felt that the opposite parties had executed the Rectification Deed and
the same was also informed to the complainant. Thus concluding, further
observing, the complainant instead of not pressing the complaint, has
unnecessarily prosecuted the case. In this view, the complaint itself was
dismissed, as per the order dated 12.03.2010, which is impugned in this
appeal, seeking the relief as prayed for.;
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