NISAR AHMED Vs. L.JASWANTH REDDY

JUDGEMENT

(1.) Being not satisfied with the relief granted in CC 16/2008 by the District Forum, Mahabubnagar, the appellant filed this appeal questioning the legality and propriety of the order and sought for granting relief to direct the respondent/opposite party to execute a sale deed in respect of the plot that was agreed to be sold.

(2.) The facts of the case disclose that the opposite parties 1 to 4 are partners of M/s. Pushpanjali Taders, Shadnagar started real estate venture to develop land ub Sy. No. 220 of Farooqnagar. They floated a scheme by enrolling members. As per the scheme, an installment amount of Rs.200/- per month had to be paid for 46 months for sale of plot. . Accordingly, the complainant became the member and he was allotted with plot no. 58-B admeasuring 133.33 sq. yards. He paid the amount along with Rs.2,500/- towards registration charges. Subsequent to the collection of the amount, the opposite parties have closed the firm. As the value of the land has increased, they are avoiding to register the plot.. Non-fulfillment of the terms and conditions would amounts to deficiency in service. So the complainant is also entitled for registration of the plot as well as compensation and costs.

(3.) The opposite parties in their version have stated that the complainant was a defaulter and failed to pay two installments amount of Rs.400/-. So a letter dated 06.12.1995 was issued directing him to pay due amount of Rs.400/- and also to pay Rs.2,500/- towards registration charges for executing sale deed. He was asked to pay the said amount on or before 20.01.1996. Thereafter he did not approach them. The complaint is barred by limitation as the scheme ended in 1995