SIVA SAI BUILDERS AND DEVELOPERS P LTD Vs. T.SUVARNA

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.1082/2005 on the file of District Forum-I, Hyderabad the complainants preferred this appeal.

(2.) The brief facts as set out are that E.A.No.36/2008 was filed during the pendency of the appeal, F.A.No.1771/2007 and a notice was issued to the J.Dr./opposite party and the opposite party contended that the State Commission passed an order on 22-10-2008 setting aside the order of the District Forum with regard to the relief directing the opposite parties to register the plot and as per the order, it is only liable to pay interest at 18% p.a. on the amount. In the meantime on 31-12-2008 the complainant moved an R.P. before the National Commission and the opposite party filed his objections stating E.A. was filed during the pendency of the appeal and when the relief was set aside, this petition is not maintainable. It was further stated that registration of the plot (flat) constitutes the main relief in the awarded passed by the Forum and when the main relief was set aside, the question of delivering vacant possession of the plot(flat) does not arise and also the contention of the complainant that she is ready to pay the balance sale consideration is unwarranted and the claim of interest at 18% is un-executable and prayed to dismissed the E.A. To appreciate the respective contention, it is necessary to go through the reliefs given by the District Forum as also that of this Commission and National Commission.

(3.) The District Forum by its order directed the opposite party to register the flat bearing No.302 in 3rd floor, total area admeasuring 912 sq. ft. bearing municipal No.2-27/5/B, admeasuring 371 sq. yds. situated near Vidyanagar Bridge, adjoining to Osmania University, Adikmet, Hyderabad after receipt of the balance sale consideration of Rs.2,90,000/- from the complainant and also the opposite party is directed to pay interest at 18% p.a. on Rs.7,60,000/- with effect from 04-8-2006 the date of which the opposite party was supposed to deliver the flat to the complainant together with Rs.15,000/- punitive damages and costs of Rs.2,000/-.