SRIKAKULAM COOPERATIVE HOUSE BUILDING SOCIETY LIMITED Vs. B.THAVITIREDDY

JUDGEMENT

(1.) The Appeal is filed by the Opposite parties against the order dated 16.8.2005 in C.D.No.37/01 passed by the District Forum, Srikakulam.

(2.) The factual matrix leading to file of the Appeal is that the complainant paid an amount of Rs.48,000/- to the Opposite parties 1 & 2 for allotment of a plot. The Opposite parties allotted Plot No.46 in favour of the complainant. However, the Opposite parties failed to execute the Registered Sale Deed in his favour whereby the complainant was compelled to file the complaint before the District Forum seeking for allotment of a plot measuring 60 x 40 and for compensation of Rs.10,000/-. 1. The Opposite parties resisted the claim contending that a public notice offering house sites to an extent of 5 cents measuring 60 x 40 for a consideration of Rs.45,000/-. Subsequently, a circular was issued and communicated to all the members of the scheme including the complainant informing them that the allotment of sites would be made by holding draw of lots. The complainant was allotted plot bearing No.46 and the fact of allotment of Plot No.46 was informed to her. The complainant had not raised any objection for about 3 years in regard to the allotment of Plot No.46. 2. The District Forum has allowed the complaint directing the Opposite parties to allot site measuring 60 x 40 at R.K.Nagar colony and pay Rs.2,000/- towards compensation, Rs.1000/- towards costs.

(3.) Feeling aggrieved by the order of the District Forum, the Opposite parties filed the Appeal contending that the complainant is not a Consumer within the meaning of the provisions of the C.P.Act and the claim of the complainant was not filed within the period of 3 years from the date of cause of action. There was no deficiency in service on the part of the Opposite parties as the Plot No.46 was allotted by conducting draw of lots and the matter of allotment of the plot was informed to the complainant and that no plots are available in R.K.Nagar for the reason that all the plots were allotted in the year 1997.