LAWS(APCDRC)-2010-1-39

M.LAKSHMANA RAO Vs. ESWARA AUSTRALIA MANZIAM

Decided On January 27, 2010

JUDGEMENT

(1.) The unsuccessful complainant is the appellant. The appeal is preferred against the order of the District forum, Vizianagaram in C.D.No.16 of 2007.

(2.) The facts of the case as set out in the complaint are that the respondents induced the appellant to join in a scheme for purchase of 200 sq.yards of site in which 40 manziam plants would be planted and developed as trees in six years. The appellant being attracted by the scheme entered into an agreement with the respondents on 2.11.2000 and as per the agreement the appellant agreed to purchase Plot no.44 with manziam trees. At the time of transaction, the appellant paid an amount of Rs.5,100/- towards first monthly instalment as an advance and the balance of consideration should be paid within the stipulated time of 60 months. The respondents have agreed to develop 40 manziam plants in 200 sq.yards of land undertaking to bear labour, water, fertilizers expenses over a period of six years. The complainant purchased 200 sq.yards of land from Bemasetty Suryakantham by registered sale deed dated 6.11.2000 by paying balance sale consideration to her.

(3.) The appellant further submits that as the six years were completed and as per the agreement there was no growth in manziam plants as promised by the respondents. The respondents did not take care for development of the plants by rendering timely nourishment to the plants. Hence, the appellant got issued legal notice dated 22.11.2006 to the respondents and as there was no reply from them he filed the complaint before the District Forum.