NARNE ESTATES P LTD Vs. LT.COL.D.SIVARAMA PRASAD

JUDGEMENT

(1.) The opposite parties no.1 and 2 in C.C.No.404 of 2008 on the file of District Forum-III, Hyderabad are the appellants herein.

(2.) The complainant filed the complaint contending that on 20.8.1992 he became member with membership no.9235 and was allotted plot no.48, Block-W in Sector IV. He booked a house site plot, admeasuring 250 sq.yards with a total cost of Rs.20,150/-. Initially at the time of joining as a member an amount of Rs.5,150/- was paid to the opposite party and it was acknowledged by the opposite parties and a receipt was issued to that effect on 20.8.1992. The balance amount of Rs.15,000/- has to be paid in 12 equal monthly installments of Rs.1,250/- each. The complainant has paid the total cost of the plot by 23.10.1992. The opposite parties collected an amount of Rs.25,000/- towards developmental charges, Rs.6,000/- towards registration charges and Rs.5,000/- towards club fees from the complainant by issuing a nil balance due receipt on 23.1.2002. In spite of collection of total sale consideration of plot along with developmental, registration and club fees, the opposite parties did not register the plot. On 26.12.2006, the complainant addressed a letter to the opposite parts, requesting them to give him registration documents but they have not chosen to give any reply. Further the opposite parties demanding a sum of Rs.56,500/- from the complainant. In the statement furnished by the opposite parties the complainant was informed that he has to pay a further sum of Rs.37,500/- towards developmental chares and Rs.19,000/- towards registration charges. The complainant was forced to pay the extra amount to the opposite parties on 1.1.2008 to avoid any litigation. The opposite parties have collected Rs.1,04,758/- till date from the complainant. Even after collecting extract amount, the opposite parties again informed the complainant vide letter dated 12.1.2008 that the complainant has to pay further amount of Rs.37,500/- towards other charges without giving any reason. Hence the complainant sought direction to register the plot no.48, Block-W, Sector-IV of the East City in favour of the complainant and refund of the excess amount of Rs.56,500/- along with compensation and costs.

(3.) The opposite parties filed its counter contending that the complainant himself requested for the withdrawal of the membership and refund of the amount paid under the membership no.9235 vide his letter dated 24.1.2008. Accordingly, the opposite party started processing for refund of the amount. In the meanwhile the complainant filed the present complaint. As the complainant was a defaulter in making payment of the development charges, the opposite party did not register the plot in favour of the complainant. The dispute in question is purely a civil in nature and the parties are governed by the Contract Act. The dispute relating to immovable property which is situated at Bibinagar of Nalgonda District the Forum has no jurisdiction to entertain the complaint. The cost of the land at the time of allotment per acre was about Rs.30,000/- to Rs.50,000/- and presently more than a crore. The opposite parties prayed for dismissal of the complaint. The complainant has filed his affidavit and documents Exs.A1 to 17. No affidavit has been filed on behalf of the opposite parties. Exs.B1 to B5 have been marked on behalf of the opposite parties. Both the appellants and the respondent filed their respective written arguments.