MS JANA HARSHA ESTATES N CONSTRRUCTIONS P LTD V/S SMT U RAJESWARI - Consumer Court Case

Andhra Pradesh

StateCommission

FA/838/08

SMT U RAJESWARI - Complainant(s)

Versus

MS JANA HARSHA ESTATES N CONSTRRUCTIONS P LTD - Opp.Party(s)

MS EV RAJAGOPAL

04 Feb 2011

ORDER

First Appeal No. FA/838/08

(Arisen out of Order Dated null in Case No. of District Visakhapatnam-II)

1. SMT U RAJESWARI

WO V SRAVAN KUMAR HNO 5-13-146 INDIRA NAGAR H B CLY MOUAL ALI HYD

BEFORE:

PRESENT:

ORDER

BEFORE THE HYDERABAD

F.A.No.837 OF 2008 AGAINST C.D.No.729 OF 2007 DISTRICT FORUM-IIIHYDERABAD

Between:

U.Raju Kumar S/o U.Chandrasekhar
aged 30 years, R/o H.No.5-13-146,
Indira Nagar, HB Colony, Moua Ali
Hyderabad

A N D

M/s Jana Harsha Estates N Construction Pvt. Ltd.,
rep. by its Managing Director, Central Office
situated at 12-5-149/17, opp.RailwayDegreeCollege
Tarnaka, Secunderabad-017

F.A.No.838 OF 2008 AGAINST C.D.No.730 OF 2007

Between:

Smt U.Rajeshwari W/o V.Sravankumar
Rep. by Spl. Power of Attorney
holder, U.Rajukumar, S/oUnChandrasekher
R/o H.No.5-13-146, Indira Nagar, H.B.Colony
Moula Ali, Hyderabad

M/s Jana Harsha Estates N Construction Pvt. Ltd.,
rep. by its Managing Director, Central Office
situated at 12-5-149/17, opp.RailwayDegreeCollege
Tarnaka, Secunderabad-017Respondents/opposite party

Counsel for the Appellant

Counsel for the Respondent

AND

SRI R.LAKSHMINARASIMHA RAO, HON’BLE MEMBER

Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)

1. F.A.No.838 of 2008 is taken as lead case.

3. `42,000 inclusive of first installment. The amount was payable in 50 E.M.Is @`700/-per installment. The appellant has paid an amount of`23,500/- till 24-04-2006. The appellant claimed to have paid the installments as per his convenience and the respondent allowed him in paying the amount not in accordance with the schedule. However, the respondent said to have receive the installment from the month of May,2006 and she got issued notice dated 27-11-2006 calling upon the respondent to receive the balance amount of`18,500/- and execute register the sale deed in her favour.

4. `1238/- that accrued from September, 2002 to April 2006 , it had accepted the installments. It is contended that the appellant failed to pay interest and fell arrears of installments from April, 2006.

An interest of 2% per month should be paid by the member on the dues if any.

9. `1238/- charged towards interest as stated in the affidavit of the appellant.

“Under these circumstances, the opposite party humbly submits that they are ready to register the plot if the complainant remits the interest component”

10.

11. `18,500/- along with interest thereon.

12. `18,500/- along with interest thereon.