Dr.V.Damodarudu,

S/o. Subbarayudu,

Principal, Sree Vasavi Arts and Science College,

H.No.7-23, Main Bazar,

Chagalamarri (V),

Kurnool District-518 553.                                   …Complainant

                                       -Vs-

1. Kesava Constructions,

    Represented by K.Kesava Kumar,

    Plot No. S2, H.No.18-145,

    Road No.5, Kamala Nagar,

    Chaitanyapuri, Dulsukhnagar,

    Hyderabad-500 060.

2. K.Neelakanteswara Reddy,

    S/o. K.Kesava Reddy,

    Retired Lecturer Sri Vasavi Arts and

    Science College, Reddygari Street,

    New Buildings Chaglamarri,

    Kurnool District-518 553.                            ...Opposite ParTies

This complaint is coming on this day for orders in the presence of Sri Y.Sreenivasulu, Advocate for complainant and Sri N.Venkata Rao, Advocate for opposite parties 1 and 2 for upon perusing the material papers on record, the Forum made the following.

            ORDER

   (As per Sri. T.Sundara Ramaiah, President)

   C.C. No.150/2010

1.     This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying to direct the opposite parties:-

(a)        To reply advance amount of Rs.5,00,000/- with interest at 9% from 19-09-2008 to 01-09-2010;

                               And

(b)    To grant such other reliefs as the Hon’ble Forum may deem fit and proper in the circumstance of the case.                                       

2.    The case of the complainant in brief is as under:- The complainant at the instance of opposite party No.2 agreed to purchase the Flat No.402 Sai Ganesh Towers, Hyderabad from opposite party No.1 for Rs.14,00,000/-.  The complainant paid Rs.5,00,000/- as advance to opposite party No.1.  On 22-12-2008 opposite  party No.1 entered into an agreement with the complainant at Chagalamarri.  It is stated in the agreement that opposite party No.1 got agreement with one Smt.V.Lakahmi Kumari with regard to Flat No.402 and that opposite party No.1 would get the Flat registered in the complainants name through Smt.V.Lakahmi Kumari.   The opposite parties have not performed their part of contract.  Opposite party No.1 did not give link document to the complainant in time.  Opposite party No.1 gave link documents in the first week of March 2010.  The complainant came to know that the agreement between opposite party No.1 and original owner Smt.V.Lakahmi Kumari expired on 20-07-2008.  Opposite party No.2 is the father of opposite party No.1.  Both of them cheated the complainant.  There is deficiency of service on the part of opposite parties 1 and 2.  Opposite party No.1 failed to perform his part of contract.  For the notice got issued by opposite party No.1 the complainant got issued suitable reply.  On 23-08-2010 the complainant got issued legal notice requesting opposite party No.1 to register the Flat.  Opposite party No.1 received the notice.  No reply            was given.   Hence the complaint.

3.     Opposite parties 1 and 2 filed written version stating that the complaint is not maintainable. There is no relationship between complainant and opposite parties Smt.V.Lakahmi Kumariis a necessary party.  She is not made as a party.  The remedy of the complainant is to file a suit in Civil Court for specific performs of the contract.  The complainant after verifying documents entered into an agreement with opposite party No.1.  In the agreement it is mentioned that opposite party No.1is only an agreement holder of Smt.V.Lakahmi Kumari.  It is also mentioned in the said agreement that Flat No.402 would be registered in the name of the complainant through Smt.V.Lakahmi Kumari. The complainant failed to pay the balance of sale consideration of Rs.9,00,000/-.  Without paying the said amount the complainant has no right to demand for execution of sale deed.   The complainant has no right to demand for registration of sale deed.  The complainant is blackmailing the opposite parties and demanding heavy amount of Rs.20,00,000/-.  The complaint is liable to be dismissed.    

4.     On behalf of the complainant Ex.A1 to A7 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite parties no document is marked.  Sworn affidavits of the opposite parties 1 and 2 are filed.

5.     Both sides filed written arguments.

6.     The points that arise for consideration are:

(a)                Whether there is deficiency of service on the part of Opposite Parties?

(b)                Whether the complainant is entitled for the reliefs as prayed for?

(c)                 To what relief?

7.      POINTS 1 & 2:- Admittedly the complainant agreed to purchase Flat No.402 in Sai Ganesh Towers, Hyderabad from opposite party No.1 for sale consideration of Rs.14,00,000/-. An agreement of sale was entered into in between the complainant and opposite party No.1 on 22-12-2008 Ex.A1 is the said agreement of sale execute by the opposite party No.1 in favour of the complainant.  It is the case of the complainant that he paid Rs.5,00,000/- to opposite party No.1 through opposite party No.2.  In the agreement Ex.A1 there is a clear mention that an amount of Rs.5,00,000/- was received by opposite party No.1.  It is also mentioned in the payment scheduled attached to Ex.A1 agreement that the balance of the sale consideration should be paid in installments during the course of construction of Flat.  It is the case of the opposite party No.1 that he completed the construction of the Flat as per the specifications mentioned in the agreement and that the complainant failed to pay the balance of sale consideration in installments as mentioned in the agreement.  Admittedly opposite party No.1 got issued a legal notice to the complainant on 11-04-2010 stating that the construction of the Flat was completed according to the specifications mentioned in the agreement and that the complainant failed to pay balance of sale consideration. The complainant received the said legal notice and gave a reply notice Ex.A5.  The complainant kept quite without paying the balance of sale consideration as per the scheduled mentioned in the agreement.  According to opposite party No.1 he completed the construction of the Flat as per the specifications.  The complainant is not in a position to say whether the construction of the Flat is completed or not.  The complainant can demand opposite party No.1 to get the Flat registered only after  paying the balance of sale consideration of Rs.9,00,000/-.  The complainant without paying the balance of sale consideration has no right to demand opposite party No.2 to execute register sale deed.  It is the complainant who failed to perform his part of contract.    Deficiency of service cannot be attributed to opposite parties 1 and 2.  One who seeks justice must come with clean hands.  In the instant case no deficiency of service is found on the part of opposite party No.1.  On the other hand the complainant having agreed to pay balance of sale consideration of Rs.9,00,000/- in installments failed  to pay the some to opposite party No.1.  Therefore we are of the opinion that the complainant is not entitled to the reliefs as prayed for.

8.     In the result, the complaint is dismissed without costs.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 6^th day of July, 2011.

         Sd/-                                             Sd/-                                   Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                   APPENDIX OF EVIDENCE

    Witnesses Examined

For the complainant : Nil                 For the opposite parties : Nill

List of exhibits marked for the complainant:-

Ex.A1                Agreement of complainant dated 22-12-2008.

Ex.A2.       Receipt issued by opposite party No.2 dated 11-09-2008.

Ex.A3        Photo copy of agreement of sale between opposite party No.1 and V.Lakshmi Kumari dated 13-06-2008.

Ex.A4                Office copy of legal notice issued by opposite party No.1

dated 11-04-2010.

Ex.A5                Photo copy of Reply notice issued by complainant

dated 02-05-2010.

Ex.A6        Office copy of legal notice dated 23-08-2010 along with returned cover and acknowledgement issued by

complainant.

Ex.A7                Photo copy of complainant copy.

List of exhibits marked for the opposite parties:- Nill

         Sd/-                                             Sd/-                                   Sd/-

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of theA.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

Copy was made ready on             :

Copy was dispatched on               :