V.MADAN MOHAN RAO Vs. NARNE ESTATE PVT LTD. REP. BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) The appeal is filed by the complainant against the order of the District Forum-I, Hyderabad in C.C.No.686 of 2006 whereby his complaint was dismissed holding that the complainant failed to establish deficiency in service on the part of the opposite parties.

(2.) Briefly stated the facts of the case are that the complainant after seeing advertisement of the opposite party purchased the residential plots No.D-32 and 33 Sector IV admeasuring 250 sq.yards each situated at Bibinagar, Ghatkeswar Mandal by paying sale consideration of Rs.15,000/- per each plot. After payment of full amount the complainant demanded for registration of the said plots in his favour but the opposite parties failed to register the same. Even after expression of his willingness to pay the registration charges and stamp duty the opposite parties are not come forward to register the plots. The complainant got issued legal notice dated 8.7.2006 to the opposite parties for which the opposite parties gave reply stating that the complainant has no interest in payment of development charges and further stating that they have sent letters to the complainant demanding the complainant to pay the development charges and therefore they cancelled the plots and refunded the sale consideration. The complainant has not received the letters at any point of time except letter dated 11.4.2005. Hence the complaint was before the District forum seeking direction to the opposite parties to register the plots NO.32 and 33 in favour of the complainant after receiving the development charges and costs.

(3.) Opposite parties resisted the complaint contending that on the request of the complainant he was allotted 500 sq.yards which consists of two plots i.e., plot no.s32 and 33 in block-D, Sector IV of East City for which the complainant paid Rs.15,000/- initially on 27.9.1991 towards costs of Rs.30,000/- after availing 40% of discount. The complainant was requested to make payments towards the development charges of Rs.50,000/- by way of instalments of Rs.750/- per month. The complainant has not paid a single isntalment. Unless and until the complainant pays the total proportionate development charges he cannot be said to have paid the total cost of the plot. The opposite parties after waiting for 10 years cancelled the allotment and the amount paid by the complainant was refunded. The complainant admitted in his letter dated 25.5.2006 that he failed to pay the outstanding dues due to family problems. The complainant has no right to ask for the registration after 10 years and is not entitled for any reliefs.