JANA HARSHA ESTATES CONSTRUCTION PVT.LTD Vs. S.PRAKASH REDDY

JUDGEMENT

(1.) This is an appeal preferred by the opposite party against the exparte order passed by the District Forum directing it to execute the registered sale deed on the complaint filed by the respondent herein.

(2.) The case of the complainant in brief is that the appellant is a construction company and on the offer made it, he agreed to purchase plot bearing No.A-32 admeasuring 2400 sq. yds. in the venture floated by the appellant. He paid the entire sale consideration of Rs.5,98,000/- evidenced under receipts, Ex.A21 and despite issuance of notice, the appellant did not give any reply. Therefore, he filed the complaint to direct the appellant herein to execute the registered sale deed or in the alternative to refund the sale consideration of Rs.5,98,000/- together with costs.

(3.) Notice sent to the opposite party by the District Forum was returned by the post man as N.S without proper endorsement and the District Forum drew a presumption that notice was sent to the address furnished by the opposite party and hence it set it exparte.