MUKKARA NARASIMHUDU Vs. NARNE ESTATE PVT LTD., REP. BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) The complainant filed the appeal being dissatisfied by the order passed by the District Forum, Nalgonda in C.C.No. 37 of 2007 whereby the opposite party was directed to execute and register the sale deed in favour of the complainant for Plot NO.33 (CP) in Block-II, Sector-IV, admeasuring 280 sq.yards in East City Venture situated at Bibinagar in Nalgonda District and in the alternative to execute sale deed in respect of the Plot No.88 in Block-G, Sector-V admeasuring 290 sq.yards situated in East City Venture at Bibinagar in Nalgonda District by collecting the extra amount of Rs.1500/- for extra extent of 10 sq.yards at the rate of 150/- per sq.yards and also pay to the complainant Rs.1500/- towards costs.

(2.) Briefly stated the facts of the case are that the appellant paid an amount of Rs.4700/- on 20.1.1995 out of which Rs.4500/- was adjusted towards first instalment and Rs.200/- was paid towards membership charges. The remaining amount of Rs.33,000/- had to be paid in monthly installments @ Rs.750/- per month commencing from March 1995. The developmental charges have to be paid separately after the commencing fo the development works. The opposite party allotted the membership No.22337 and Plot No.79, in Sector-V, Block-BD admeasuring 250 sq.yards to the complainant. Thereafter the opposite party changed the plot number and re-allotted plot no.41 in Sector IV, Block V admeasuring 280 sq.yards and for that he collected an extra amount for excess land of 30 sq.yads and also as the plot no.41 was the corner plot. The opposite party inspite of payment of all the instalments amounting to Rs.46,200/- as agreed along with developmental charges failed to register the plot in the name of the appellant.

(3.) The respondent vide its letter dated 16.10.2006 informed the appellant that the plot allotted to him was not ready for registration due to the technical reasons and instead of that plot they offered to allot another plot in the same sector and for the said purpose they demanded the appellant to pay Rs.14,000/- towards registration charges. The appellant after receipt of the said letter approached the respondent and informed that he has already paid the registration charges and requested the respondent to register the alternative plot no.33 (C), Block-II, Section IV in his name. When the respondents failed to register the sale deed, the appellant has got issued legal notice dated 19.03.2007 in response of which the respondent did neither give any reply nor did it execute the sale deed in favour of the appellant.