BOMMARAJU SAI BABU Vs. KASU VARA PRASAD

JUDGEMENT

(1.) This is an appeal preferred by the complainant against the order of the District Consumer Forum, Prakasam District at Ongole granting inadequate amounts while partly allowing the complaint.

(2.) The case of the complainant in brief is that when the opposite party floated a housing scheme, wherein he agreed to sell house plots in R.S.No.204 of Pernamitta Village of S.N.Padu Mandal, he joined as one of the Members agreeing to pay @ Rs.350/- for 45 months for allotment of house plot. The opposite party allotted membership No.53. When he approached him in the month of December, 2005 and paid Rs.8,000/- towards registration charges of the plot, however, he did not register the plot. On that the complaint was filed to direct the opposite party to register the plot together with compensation of Rs.20,000/- and costs.

(3.) The opposite party resisted the case. He alleged that it was a partnership concern, wherein he was a Managing Partner. Two more partners viz. Kasu Kondapa Naidu and Mohammed Dastagiri are there. As per the terms and conditions of the scheme, the complainant should pay Rs.350/- per month for 45 months, and since the complainant did not pay monthly payment continuously for 3 months, he became a defaulter and therefore, his membership was cancelled. The said fact was informed to him by way of telegram directing him to pay the amount and get the plot registered. However, he did not pay the amount. An amount of Rs.8,000/- was never paid Therefore, he prayed for dismissal of the complaint on the ground that there was no deficiency in service.