JANA CHAITANYA HOUSING LTD Vs. K. BALAKRISHNA

JUDGEMENT

(1.) The opposite parties no.1 and 2 are the appellants. The appeal is filed against the order of the District Forum, Mahabubnagar in C.C.No.34 of 2006 whereby the opposite parties no.1 and 2 were directed to execute sale deed in favour of the complainant and pay interest @ 18% on Rs.3,40,000/- from 1.2.2006 and Rs.10,000/- towards compensation. The opposite parties no.1 and 2 were directed to delete the terms and conditions no.6,7,9,14,15,21 and 22 in Exs.A2 and B1, application form in their future business transactions. The complaint against the opposite party no.3 was dismissed.

(2.) The brief facts of the case as represented by the complainant are that the complainant joined as a member in the scheme conducted by the opposite partis no.1 and 2. The opposite parties allotted plot no.202 and 242 to an extent of 200 sq.yards at Nanakram Guda Village of Sherlingampally Mandal, R.R.Dist. The complainant has paid a sum of Rs.3,40,402/- on different dates till 1.2.2006 through opposite party no.3 to the opposite parties no.1 and 2. As per the terms and conditions of the scheme instalments @ Rs.6700/- were payable over a period of 40 months. The amount included developmental charges of Rs.100/- per sq.yard. After completion of the scheme period, the opposite parties no.1 and 2had not executed the sale deed in favour of the complainant. The complainant learnt that the opposite parties no.1 and 2 have not obtained approval for their layout from the official concerned. The complainant got published a public notice on 1.4.2006 through his advocate in a Telugu diary news paper requesting the opposite parties no.1 and 2 to execute sale deed in his favour.

(3.) The matter was resisted by the opposite party no.1. The opposite party no.2 adopted the counter filed by the opposite party no.1. It was admitted that the complainant joined as a member in Sri lakshmi-II venture in R.R.District and he was allotted plot no.202 to an extent of 200 sq.yards of plot. It was stated that the complainant has not paid the amount regularly. He had paid a sum of Rs.2,86,338/- till 28.2.2003 and after a lapse of three years therefrom, the complainant paid an amount of Rs.53,662/- on 1.2.2006. The complainant has not paid the developmental charges and as per the conditions of the scheme, clause 4(c) of the scheme the complainant has to pay the total cost of the plot of Rs.3,40,000/-. The developmental charges have to be paid at the time of execution of the sale deed. At the time of launching the venture the site fell within the jurisdiction of HUDA. Subsequently, by the change in policy of the government the site has now come under the limits of Cyberabad Zone.