BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: ATHYDERABAD.

C.C.No.20 OF 2012

Between

Mr.Ambuj Shukla, S/o.S.K.Shukla

Aged 42 years, R/o.No.B-303,

Adarsh Rhythm, Panduranganagar,

Bannerghatta Road,Bangalore-76.                 

1. M/s.AASHRAY PROPERTIES

2. Sri Vanka Mahender, S/o.late V.Sitaram,

   West Marredpally,

3. Sri V.Vinil Naidu, S/o.V.P.S.Naidu,

Counsel for the Complainant

Counsel for the Opposite parties  

QUORUM:SMT.M.SHREESHA, HON’BLE Incharge President.

AND

SRI S.BHUJANGA RAO, HON’BLE MEMEBR.

MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY,

TWO THOUSAND THIRTEEN.

Order (Per Smt.M.Shreesha, Hon’ble Member)

***

       The brief facts as stated in the complaint are that the complainant is presently working as Chartered Accountant in Bangalore and previously worked with Satyam Computers during 2007 and at that point of time, opposite parties approached him and offered to sell   

The complainant submitted that an amount of Rs.20,00,000/- was   Bangalore    

The complainant submitted that during June, 2011, opposite party No.3 stated that the amount received by him was a hand loan and stated that he did not know about the money paid to opposite party No.1 and thereby the complainant provided the particulars of statement of amount made by him and again demanded the amount and opposite party No.3 replied that he would talk to opposite party No.2 and settle the matter.         

           Accordingly the complainant issued a cheque No.6580 dt.29-12-2007 for Rs.15,00,000/- and requested opposite party No.2 to deposit Rs.2,00,000/- in the complainant’s account as there was shortfall of balance in the bank account for which opposite party        Opposite party No.2 admitted that it received the notice and gave a suitable reply and denied that it replied accepting the contention that it received a sum of Rs.20,00,000/- and submitted that the complainant deposited a sum of Rs.18,00,000/- in the account of opposite party No.1 and opposite party No.2 deposited Rs.2,00,000/- in the complainant’s account.   

Thereafter the complainant shifted to Noida and lost the receipts and requested opposite parties to issue duplicate receipts but there was no response. Subsequently the complainant shifted toBangalore    Ex.A3 is the correspondence between the complainant and Kiran Elaprolu and opposite party 2 and these mails evidence that Rs.18,00,000/- has been admitted by opposite party no.2 to be paid to the complainant herein.    

We observe from the record that the payment of Rs.18,00,000/- is not in dispute and also the payment of Rs.7,10,000/- made to opposite party no.3 is also not in dispute.         

                                                       JM                                                             APPENDIX OF EVIDENCE

For the complainant:                                        :

Affidavit evidence of complainant         

Filed.                                                

Exhibits marked on behalf of the complainant

Ex.A1–Agreement of sale dated 17-3-2008

Ex.A2-Email correspondence between complainant and opp.parties

Ex.A3-Email correspondence between opp.parties and Kiran Elaprolu

Ex.A4-Legal notice dated 23-11-2011

Ex.A5-Reply from opp.parties 1 & 2 dt.08-12-2011. 

Exhibits marked on behalf of the opposite parties 1 & 2 :

Ex B-1Copy of agreement of saleEx.B2-copy of deposit voucher

Ex.B3 statement

Ex.B4-Copy of email dt.6-6-2011

Ex.B5-Copy of email dt.26-6-2011

Ex.B6-Particulars of account

Ex.B7-Copy of email dt.5-7-2011

Ex.B8-Copy of email Ex.B9-Copy of email dt.16-7-2011

Ex.B10-Copy of email dt.16-7-2011.

For the opposite party No.3:

Ex.B11-Mail addressed by complainant to opp.party No.3 dt.6-6-2011

Ex.B12-Sttement of loan transaction furnished by complainant to OP.3

Ex.B13-Mail addressed by complainant to OP3 Ex.B14-Mail as regards loan transaction sent by complainat dt. 18-6-2011.          

                                                                                     JM