B. SRINIVAS Vs. VALLINATH

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.173/2006 on the file of District Forum-1, Hyderabad, the opposite party preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant entered into an agreement to purchase flat no.401 in S.V.Gayatri Nilayam near Mahalaxmi Theatre, Kothapet, Dilsukhnagar, Hyderabad with the finance arranged by the opposite party from LIC Housing Finance Ltd. and the flat was registered in favour of the complainant but the opposite party did not furnish the documents regarding the said flat to the complainant. Opposite party induced the complainant to sign on blank papers on the pretext of arranging finance from LIC Housing Finance Ltd. and inspite of several demands, the opposite party failed to deliver vacant possession of the said flat to the complainant and has let out the said flat to some unknown persons and is collecting rents for himself. The complainant submits that the rental would be much more than the EMI and nothing needs to be paid towards EMIs from the complainants pocket. The complainant submits that LIC Housing Finance Ltd is pressurizing the complainant to repay the loan. Hence alleging deficiency in service , the complainant approached the District Forum seeking direction to the opposite party to deliver vacant possession of Flat No.401 in S.V.Gayatri Nilayam situated at Kothapet, Dilsukhnagar, Hyderabad , to account for all the rents collected in respect of complainants flat , to hand over all documents pertaining to the said flat viz registered sale deed, municipal sanction plan , completion certificate etc., and to award costs, compensation and interest quantified at Rs.45,000/-

(3.) Though opposite party received notice, he remained absent and hence was set as exparte.