K.S.CHOUDARY Vs. M.YADAIAH

JUDGEMENT

(1.) The opposite party in C.C.94 of 2007 on the file of District Forum-II, Hyderabad is the appellant.

(2.) The facts of the case as narrated by the complainants are that the complainants purchased 4 teak plants in the name of their children in the scheme floated by the opposite parties no.1 and 2. According to the terms of the scheme the opposite parties no.1 and 2 will either sell the trees or pay the profit on the wood of the tree after a period of 20 years. The complainants paid Rs. 4,000/- for four trees and accordingly the opposite parties allotted four trees in the names of the children of the complainant even tree certificates were issued. After five years, the complainant, realized that no trees were grown nor office of the opposite parties was located at the address given by them. The complainants tried to contact the opposite parties no.1 and 2 but in vain. Finally, the complainants got issued notice in response to which the opposite party offered refund the deposit amount to the complainants but the complainant refused the same as the opposite parties offered the principle amount without any interest. Hence, the complainant filed the complaint before the District Forum seeking direction to the opposite party to pay Rs. 1,40,000/- .

(3.) The opposite parties filed counter admitting the deposit of amount by the complainants and contended that they were not in a position to hand over the trees or the profit on the wood of the said trees. The opposite parties stated that due to lack of water facility the growth of the plants got stunted and as the plants did not grow properly they cannot offer the amount as per the terms and conditions. As per clause 1 and 7 the opposite parties offered to refund the deposit amount of Rs. 1,000/- only but the complainant refused to accept the same. The opposite parties further contended that the complainant is not a consumer as the trees were not in the name of the complainant but were in the name of their children. Hence, the complaint is not maintainable and prayed for dismissal of the complaint.