M. THANIKACHALAM J. - (1.) THE opposite party unable to succeed in opposing the claim of the respondent as complainant before the District Forum, has come to this commission as appellant.
(2.) THE respondent/ complainants case briefly as follows: The complainant, attracted by the advertisement made by the opposite party, approached them to purchase an area of five grounds, with 15 coconut trees, 10 fruit trees and 5 teak trees, for a consideration payable for one unit at Rs.1 lakh, thereby paid an advance of Rs.10000/- also, agreeing to pay the balance at Rs.2500/- per month, within 36 months, for which an agreement was also entered into between the parties on 21.1.94. In all, as per the agreement, the complainant paid the entire consideration, within the time stipulated, whereas the opposite party, failed and neglected to carryout the services as promised by them. Further, the opposite party also, failed and neglected to plant the trees, and to provide amenities, as detailed in the agreement. Thus the opposite party had committed deficiency in service, as defined under the Consumer Protection Act.
(3.) THE opposite party, without the knowledge of the complainant and consent, had sold the property to some third party, for a sum of Rs.1,50,000/- and appropriated the money also, as if that amount was adjusted for the money payable by the husband of the complainant, which is arbitrary. The opposite party has no right at all either to sell the property purchased by her or appropriate the entire sale consideration for the alleged due, by the husband. The complainant came to know about the sale only from the letter received by the husband dt.26.7.2001. Since the opposite part has failed and neglected to execute the registered sale deed in favour of the complainant, inspite of repeated reminders, the complainant has left with no option, but to approach the Forum for redressal. Hence the complaint.;