2. Kolasani Srinivasa Rao,

    S/o Subba Rao,

    Managing Partner,

    M/s Sai Chaitanya Housing Private Limited,

    11/2 Arundelpet, Prabha complex,

    1^st floor, Guntur.                                         …Opposite Parties

        This complaint coming up before us for hearing on                      9-05-11 in the presence of Sri J. Narasimha Rao, advocate for complainant and of Sri B.S.R. Sekhar, advocate for opposite parties, upon perusing the material on record, after hearing both sides and having stood over till this day for consideration, this Forum made the following: 

O R D E R

Per Sri A. Hazarath Rao, President:-

        The complainant filed this complaint U/s 12 of Consumer Protection Act, 1986 seeking a direction to the opposite parties for execution of registered sale deed in his favour regarding plot No.96 by receiving balance of sale consideration of Rs.1,60,000/- or in alternative for refund of Rs.2,00,000/- together with interest @24% p.a., Rs.1,00,000/- towards compensation and Rs.20,000/- for causing harassment and mental agony and for costs.

2. In brief the averments of the complaint are these:

        The opposite parties are doing business in real estate.   The opposite parties purchased 12 acres of land in D.Nos.717/P, 718/P and 733/P of Yanamadala village divided the same into plots and formed  “Sai Ganesh Township-2”.  The complainant paid Rs.300/- towards admission fee and Rs.1,00,000/- on 07-04-07.   The 2^nd opposite party executed an agreement of sale on 09-04-07 in favour of the complainant.   As per terms of the agreement the complainant has to pay the balance sale consideration of Rs.2,60,000/- within 12 months and both the opposite parties have to obtain EC, link documents, title deeds and Panchayat approval and relevant necessary records for registering the plot in favour of the complainant.   The complainant further paid Rs.1,00,000/- on 17-04-08.   At that time the complainant requested the opposite parties to execute a registered sale deed in favour of the complainant for the property mentioned in the agreement of sale.   Both the opposite parties promised to execute registered sale deed after obtaining necessary documents.   Subsequently the complainant continuously approached the opposite parties on number of occasions and requested them to execute registered sale deed and expressed his willingness to pay the remaining amount of RS.1,60,000/-.  But the opposite parties have been successfully dodged the matter.   Recently the opposite parties informed the complainant that it is not possible for them to execute registered sale deed for the property covered by the agreement while expressing their willingness to execute registered sale deed in respect of another site at a remote place for which the complainant did not agree.   The complainant learnt that the opposite parties are not having any valid authority to execute registered sale deed in favour of the complainant.   Both the opposite parties cheated the complainant.   The opposite parties even failed to furnish Xerox copies of their title deeds obtained from original land owners.  The opposite parties thus committed deficiency of service by violating the terms and conditions as mentioned in their brochure and also as promised.   The opposite parties gave reply with false allegations to the notice issued by the complainant.  The complaint therefore be allowed.

3.      The 1^st opposite party filed memo adopting the version of the 2^nd opposite party and their contention in brief is hereunder:-

 Opposite parties are having all link documents and necessary permissions from the concerned authorities and are doing registrations in the same venture to the other allotees for the  last 2 years.   Out of 72 plots available in the said venture 70 registrations had been done after the allotees paying the entire sale consideration.   The opposite parties have right to change the lay out and change the plot numbers.   The plot numbers allotted at the time of registration of agreement is only a temporary one and final plot number will be allotted at the time of registration.  Only 2 plots are available for registration.   The complainant is at liberty to choose his choice of plot out of plots available after paying the remaining amount with stipulated interest as per the agreement.   The opposite parties are ready to execute registered sale deed in favour of the complainant after receiving Rs.1,60,000/- plus stipulated interest as per agreement.  The opposite parties have cheated the complainant.   The complainant is not willing to pay the balance amount to the opposite parties and is creating unnecessary allegations against the opposite parties.   The opposite parties are always ready and willing to perform their part of contract.  It is the complainant who is not ready and willing to perform his part of contract.   Even now the opposite parties are ready to execute a registered sale deed in Sai Ganesh Township-2 in Yanamadala village.   The complaint therefore be dismissed.

4.   Exs.A-1 to A-8 and Exs.B-1 to B-7 on behalf of complainant and opposite parties are marked respectively.

5.    Now the points for consideration are:

1. Whether the opposite parties committed deficiency of service?
2. Whether the complainant is entitled to compensation and if so to what amount?
3. To what relief?

6.    Admitted facts in this complaint are :

        1. The complainant paid Rs.300/- and Rs.1,00,000/- on                           07-04-07 (Exs.A-2 and A-3).

        2. The opposite parties issued passbook in favour of the                         complainant (Ex.A-1)

        3. The opposite parties executed an agreement of sale in                                 favour of the complainant (Ex.A-5).

4. The complainant paid Rs.1,00,000/- on 17-04-08.

5.  There was exchange of notices between the                                   complainant and the opposite parties (Exs.A-6 & A-10.)     

7.    POINT No.1:-    The terms and conditions mentioned in Ex.A-1 and A-5 are binding on both the parties.   Clause 11 of Ex.A-1 reads as follows:

        “

8.     In Ex.A-5 agreement the plot number mentioned was 96.   Clause 11 of Ex.A-1 revealed that the plot number mentioned is a temporary plot number and final plot number will be given at the time of registration.   Therefore, the contention of the opposite parties that the plot number 96 mentioned in Ex.A-5 is only a temporary one is having considerable force. 

9.     In Ex.A-5 it was mentioned that the remaining amount of Rs.2,60,000/- has to be paid within 12 months and in case of default       it carries interest @24% p.a.   Ex.A-4 revealed that the complainant paid Rs.1,00,000/- only on 17-04-08 i.e., beyond the time stipulated under Ex.A-5 agreement.  Nothing prevented the complainant to pay the entire amount and obtain registered sale deed. 

10.   Mandal Revenue officer on 30-01-07 issued a certificate to the effect that D.No.718, 731, 733 purchased by the 1^st opposite party are not assigned lands.   On 29-08-07 itself the opposite parties obtained permission to convert the agricultural land in S.Nos.718 to an extent of 5.89 ½ cents only as seen from Ex.B-4.  

11.   This Forum cannot decide whether the opposite parties had absolute title or not in the property covered by Ex.A-1.  It is for the complainant to satisfy before entering into the agreement of sale.  This forum also cannot decide whether who committed breach of contract as the enquiry contemplated under Consumer Protection Act is a summary one.   Prima facie the complainant failed to pay the amount of Rs.2,00,000/- within stipulated time.  Under those circumstances, it can be said that the opposite parties did not commit any deficiency of service.   Hence, this point is answered in favour of the opposite parties.

12.   POINT No.2:-    The opposite party got issued notice on                   07-12-09 i.e., after a lapse of more than 1½ years as seen from               Ex.A-4.  Nothing prevented the complainant from issuing notice immediately to have a regular sale deed or approach either the Forum or Civil Court for redressal.  A person alleging deficiency of service cannot be permitted to do deficiency by himself.   The delay on the part of the complainant as established from Ex.A-4 and A-6 leads us to draw an inference that the complainant is not entitled to any damages under any account.  Hence this point is answered in favour of the opposite parties.

13.   POINT No.3:-   The opposite parties in their version as well as affidavit categorically expressed their readiness to execute a registered sale deed in favour of the complainant in the remaining two plots in Sai Ganesh Township-2 in Yanamadala village provided the complainant paying Rs.1,60,000/- together with interest.  Instead of directing the parties to another litigation, the admission made by the opposite party can be considered and relief can be moulded.

14.   In the result, the complaint is allowed partly as indicated below:

1. The opposite parties are directed to execute a registered sale deed in the plots available in Sai Ganesh Townshp-2 of Yanamadala village.
2. The complainant is directed to pay Rs.1,60,000/- together with interest @24% p.a., from 18-04-08 till obtaining registration and intimate the same well in advance to opposite parties.
3. Each party is directed to bear their own costs.
4. The above order shall be complied within a period of six weeks from the date of receipt of the copy of the order.

Dictated to junior stenographer, transcribed by her, corrected by me and pronounced in the open Forum dated this the 19th day of May, 2011.         

            MEMBER                                  MEMBER                                         PRESIDENT

APPENDIX OF EVIDENCE

  DOCUMENTS MARKED

For Complainant:     

For opposite parties:

                                                                                                                 PRESIDENT