JANACHAITANYA HOUSING LTD Vs. M. DATTATREYA

JUDGEMENT

(1.) These appeals are disposed of by a common order since the facts are identical in both the cases. F.A.No.1592/2007:

(2.) Aggrieved by the order in C.C.No.464/2006 on the file of District Forum-I, Hyderabad, opposite party preferred this appeal.

(3.) The brief facts as stated in the complaint are that the complainant purchased a plot from opposite party admeasuring 200 sq. yds. in the venture of Sai Lakshmi II situated at Nanakramguda Village,Serilingampally Mandal, R.R.District in the year 2000 for a consideration of Rs.1700/- per sq. yd. and the sale consideration amount is payable in 40 instalments. The opposite party issued a pass book bearing No.186 and the complainant paid 18 monthly instalments amounting to Rs.2,07,500/- from 03-6-2000 to 06-11-2004. The complainant submitted that he insisted the opposite party to produce the documents of tile and layout and in November, 2004 insisted to allot a particular plot so that he will pay the entire balance sale consideration but on 15-11-2005 the opposite party issued a notice stating that the complainant defaulted in making payments as per the terms and conditions vide clause No.19/20. The complainant that he paid 60% of the total sale consideration amount but the opposite party has not produced the documents of tile and has not developed the land into plots and therefore he got issued a legal notice on 24-2-2006 calling upon the opposite party to produce the title deeds, layout and plot number for which the opposite party issued a reply dated 11-5-2006 stating that the complainant after satisfying himself with regard to the title and proposed layout had joined as a member. It is the case of the complainant that in view of rise in price of plots, the opposite party set up a false plea i.e. in view of policy of government and after collecting an amount of Rs.2,07,500/- cannot refund the money. Hence the complaint for a direction to the opposite party to allot the plot and to execute and register the sale deed in favour of the complainant by receiving the balance amount together with Rs.10,000/- towards mental agony and costs.