RAVANAM BALAKRISHNA Vs. MUDUNURI RAMACHANDRA RAJU

JUDGEMENT

(1.) These three appeals are preferred by the same opposite party in thre C.Ds, C.D.No.233, 234 and 235 of 2005 and the facts of the case being same in all the three complaints, we propose to dispose of the three appeals by a common order.

(2.) F.A.No.1656 of 2007 is taken as the leading case. The facts of the case that led to the filing of the appeal are that the complainant therein joined the scheme Sai Laxmi Nagar II floated by the opposite party no.1 in Sy.No.8/1 at Madhurawada where the opposite party no.1 proposed to develop lay out with the approval of VUDA (Visakhapatnam urban Development Authority). The complainant paid Rs.30,000/- in instalments by 4.3.1996 for purchase of plot admeasuring 266 sq.yards. The fourth opposite party issued letter dated 7.10.1995 informing the complainant that the development work of the proposed layout was in progress. The complainant addressed several letters to the opposite party to execute sale deed and deliver possession of the plot for which there was no response from the opposite party. On enquiry by the complainant the VUDA through letter dated 25.2.2004 informed the complainant that the opposite parties have not filed any application for permission to develop the layout and the proposed layout was in dispute. The complainant through his advocate has got issued notice in the month of April 2004 requesting the opposite parties to obtain approval from the VUDA. The notice returned with an endorsement addressee left , insufficient address and not claimed.

(3.) The opposite parties no.1 to 3 remained exparte.