FA.No.748/2010 against CC.No.97/2008 District Consumer Forum, Karimnagar.

Between:

The Executive Engineer (Housing),

A.P.Housing Board, Subedari, Hanamkonda,

Warangal District.

…Appellant/Opp.Party.

And

N.Aruna, W/o.Srinivas,

Aged : 37 years, Occ: Household,

R/o.H.No.10-4-168, Vavilalapally,

Karimnagar Town and District.

…Respondent/Complainant.

Counsel for the Appellant         : Mr.D.Ranganath Kumar.

Counsel for the Respondent     : Mr.K.Vijaya Bhaskar Reddy.

QUORUM: THE HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT,

AND

SMT.M.SHREESHA, HON’BLE MEMBER.

MONDAY, THE NINTEENTH DAY OF JULY,

TWO THOUSAND TEN.

Oral Order (Per Hon’ble Sri Justice D.Appa Rao, President)

*******  

The opposite party, A.P.Housing Board, preferred this appeal against the order of the District Consumer Forum directing it issue allotment letter of the  and to execute a registered sale deed in his favour, besides costs.

The case of the complainant in brief is that pursuant to the notification issued by the opposite party, Housing Board, for sale of plots, she participated in the auction by depositing Rs.10,000/- towards earnest money for purchase of plot for a sum of Rs.4,35,240/-.  Later she paid Rs.50  She also paid an amount of Rs.70  However, she did not receive any allotment letter despite informing that she was ready with the balance of sale consideration and requested them to execute the sale deed.  Curiously, the opposite party informed that they have sent information to her directing her to pay the amount which she did not receive.  When she informed the opposite party personally that she did not receive the allotment letter and intimation that she had to pay the remaining balance, the opposite party did not consider her request.  On the other hand by their letter they informed that her request cannot be considered.  Aggrieved by the same she filed the complaint with the reliefs which the District Forum granted. 

The opposite party did not contest despite service of notice. 

The complainant in proof of her case filed her affidavit evidence and got the documents marked as Ex.A.1 to A.15.

The District Forum based on the documentary evidence directed the appellant to issue allotment letter and execute the registered sale deed in her favour and receive the balance of sale consideration as per the auction together with interest at 10% per annum and costs of Rs.1,000/-.

 Aggrieved by the said order, the opposite party preferred this appeal contending that though they sent the allotment letter by way of registered post with acknowledgement due which she had acknowledged on 29.3.2007 she did not pay the balance even after expiry of time, and therefore her allotment was cancelled.  They could not contest the matter in view of the fact that one of the clerks had misplaced the record.  They prayed for dismissal of the complaint.

The point for consideration is whether the order of the District Forum is vitiated by mis-appreciation of facts?

It is an undisputed fact that the complainant had participated in an auction wherein she paid altogether a sum of Rs.1,20,000/- as against the sale consideration of Rs,.4,35,240/-.  While the complainant asserts that she did not receive any letter from the Housing Board directing her to pay the balance of sale consideration, the Board in turn contends that in fact the complainant had acknowledged the registered letter wherein she was asked to pay the balance sale consideration, and therefore, her allotment was cancelled. 

            The moot points for consideration are 1)

These questions can only be agitated after proper evidence is let in both sides.  Since the appellant could not contest the matter, we are of the opinion that the matter can be remanded to the District Forum in order to enable both parties to let in evidence.

            In the result, the appeal is allowed.  The order of the District Forum is set aside.  The district Forum is directed to restore the matter to its original file.  Both parties are directed to appear before the District Forum on 26.08.2010. The District Forum is directed to receive the written version of the opposite party, appellant herein, and give opportunity to both parties to let in their evidence and dispose of the matter on merits according to law.  No costs.    

PRESIDENT

MEMBER

DtFurnish copy immediately.

B/o. Vvr.