G.V.RAMANAIAH Vs. CRYSTAL AGRITECH LTD

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.722/2006 on the file of District Forum-II, Hyderabad, the complainant preferred this appeal.

(2.) The brief facts as set out in the complaint are that the opposite party approached the complainant in the month of December, 2005 and offered to sell plots in Dream land situated at Gollahalli Village, Nelamangala Taluk, Bangalore Rural District, Karnataka State. In pursuance of the said offer, the complainant agreed to purchase plot No.39 admeasuring 2400 sft. i.e. 266.66 sq. yds. in Dream land situated at Gollahalli Village, Nelamangala Taluk, Bangalore Rural District, Karnataka State and paid a total sale consideration of Rs.2,00,000/- through a cheque bearing No.837398 drawn on Andhra Bank, Malakpet, Hyderabad. After receipt of the cheque from the complainant, opposite party issued a receipt vide credit voucher No.013 dated 15-12-2005 advising the complainant to get ready for registration and promised the complainant to register the said plot as soon as the complainant is ready with registration amount. Thereafter the opposite party encashed the said cheque through his banker namely Canara Bank, Bangalore through (OSC No.7653) and at that time, the complainant insisted the opposite party to execute the sale deed in his favour but the opposite party promised the complainant that he will execute the sale deed in favour of the complainant whenever the complainant was ready for registration. Thereafter in the month of January, 2006, the complainant informed the opposite party that he was ready and requested for registration of the sale deed in respect of plot No.39 in Dream land situated at Gollahalli Village, Nelamangala Taluk, Bangalore Rural District, Karnataka State as he already paid the total and entire cost of the plot. In turn, the opposite eparty requested the complainant to wait for some time and accordingly the complainant waited till the end of March, 2006 and thereafter requested the opposite party to execute the sale deed. But the opposite party postponed the same on one pretext or the other and therefore the complainant got issued a legal notice on 24-8-2006 and the said notice returned with an endorsement addressee refused hence returned to sendor. Hence the complainant approached the District Forum for a direction to the opposite party to execute the sale deed in his favour, to pay costs of Rs.32,000/- for the delay in execute of the sale deed together with damages and costs.

(3.) Opposite party filed counter stating that it is a public Limited company and was absolute owner of 19 acres 3 guntas of land at Gollahalli Village, Nelamangala Taluk, Bangalore Rural District, Karnataka State. It submitted that it established Flori culture Farm in 17 acres 3 guntas of land at Gollahalli village and there remained 2 acres for the purpose of housing. The said 2 acres of land was divided into house lots each plot admeasuring 462 sft and it offered to sell each lot at the rate of Rs.2,31,000/- at the rate of Rs.500/- sft. It admitted that the complainant offered to purchase one lot bearing No.39 at Rs.2,31,000/- and the contract was concluded on 15-11-2005. Opposite party submitted that the complainant paid a sum of Rs.2,00,000/- and has to pay Rs.31,000/- towards balance of sale consideration and inpsite of repeated requests and demands, the complainant did not pay the balance sale consideration and hence the complainant committed breach of contract concluded on 15-11-2005 and lost his right to recover the advance money paid to them. It further submitted that as per the contract concluded on 15-11-2005 relating to immovable property situated at Gollahalli Village, Nelamangala Taluk, Bangalore Rural District, Karnataka State are subject to jurisdiction of Honble courts at Karnatake and the District Forum had no jurisdiction to entertain the complaint. The transaction between the complainant and the opposite party deals with the sale, transfer of immovable property situated in Karnataka State and therefore the complainant is not a consumer and prayed for dismissal of the complaint.