BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD
C.C.NO.2 OF 2012
Between:
1. L.JayaramaAged about 40
2. SmtAged about 34
Both R/o Plot No.14,
1. M/s Guru
2. Manchikanti
3. M/sst
Counsel for the complainant Counsel for the opposite parties
QUORUM:
SRI THOTA ASHOK KUMAR, HON’BLE MEMBER
Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)
1. `26`5 lakhs towards compensation, a sum of`17,280/- per month towards delayed construction of the house.
2. `1,20,00,000/- at the time the house was in semi-finished condition. `5 lakhs through cheque dated 7.12.2009 and a sum of`10 lakhs on 27.12.2009 and an amount of`25 lakhs to the first opposite party.
3. `10 lakhs through cheque and thereafter an amount of`10 lakhs and`7 lakhs on different occasions a total sum of`67 lakhs to the opposite parties. `35 lakhs to the complainants and a cheque for`25 lakhs was prepared to `1`33,00,000/- towards interest. `67 lakhs and`1 `42 lakhs on different occasions and failed to pay the balance amount of`26
4. `17,280/- per month for the delayed period mentioned in the agreement of sale.
5. `5 lakh through cheque on 7.12.2009 and Rs.10 lakh through two cheques on 27.12.2009 and paid`25 lakhs in cash a total amount of`50 lakh to the opposite parties no.1 and 2.
6. `50 lakhs from the complainant. `10 lakhs on 10.6.2010 and an amount of`40 lakh on 10.6.2010 and requested the opposite parties not to deposit the cheque as they were running short of funds.
7. `10 lakhs and`7 lakhs through cheques on two different occasions.
8. `1,69,000/-.
9. `68 `68 `32 lakhs and the cheque dated 16.4.2011 for`10 lakhs.
10.
11.
12. `1,20,00,000/- The complainants claimed for the
13. `67 lakhs paid by the complainants towards consideration for purchase of villa no.19 in
On this Day 4th
I agree and confirm that the total amount of Rs.68th
14. `5 lakhs through cheque dated 7.12.2009 and a sum of`10 lakhs on 27.12.2009 and an amount of`25 lakhs to the first opposite party. `10 lakhs to the opposite parties through cheque No.514692 a sum of`10 lakhs and`7 lakhs on two different occasions and a total amount of`67 lakhs to the opposite parties no.1 and 2. `5 lakhs through cheque bearing No.186437 dated 7.12.2009,`10 lakhs through two cheques dated 27.12.2009 `25 lakhs in cash as also a sum of`10 lakhs through cheque dated 10.5.2010, a total amount of`50 lakh and there after an amount of`17,69,000/-.
15. `67,69,000/- `42 lakh and assured the complainants that they would pay the balance amount of`26 `67,69,000/- to the complainants and the first complainant acknowledged receipt of the amount and assured to return the original agreement of sale by addressing letter dated 14.04.2011.
16.
17. `67 lakh as also receipt of`68,69,000/- from the opposite party no.1 and 2.
I
Cash Rs.15
· Rs.10,00,000/- (Rupees Ten Lakhs Only ) Cheque No.400702 Drawn on Axis Bank Dated 16.04.2011
· Rs.10,00,000/- (Rupees ten Lakhs Only) Cheque No.400703 Drawn on Axis Bank Dated 26.04.2011
· Rs.10,00,000/- (Rupees ten Lakhs Only) Cheque No.400704 Drawn on Axis Bank Dated 26.04.2011
· Rs.12,00,000/- (Rupees twelve Lakhs Only) Cheque No.400705 Drawn on Axis Bank Dated 26.04.2011
· Rs.10,00,000/- (Rupees ten Lakhs Only) Cheque No.400704 Drawn on Axis Bank Dated 27.04.2011
18. `1,69,000/- towards the interest on the amount sanctioned towards housing loan by the State Bank of India whereas the complainants claim that the document was fabricated though the signature on the document pertains to the first complainant.
19.
20.
“The National Commission was right in giving to the appellant liberty to move the Civil Court. This is an appropriate claim for a Civil Court to decide and, obviously, was not filed before a Civil Court to start with because, before the Consumer Forum, any figure in damages can be claimed without having to pay court fees.
21. For the fore going reasons, we are of the considered opinion that the complaint cannot be entertained by Consumer Forum and the parties are to be relegated to the Civil Court.
22.
MEMBER
కె.ఎం.కె.*
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant
NIL EXHIBITS MARKED
Ex.A1
Ex.A2
Ex.A3
Ex.A4
Ex.A5 Ex.A6
Ex.A7
Ex.A8
For opposite parties
Ex.B1
Ex.B2
Ex.B3
Ex.B4
Unmarked documents
1. Cheque No.400702
2. Letter
3. Letter
MEMBER
MEMBER