This case coming on 22.10.2014 for final hearing before us in the presence of Sri Adari Appa Rao & Sri Bala Shankar, Advocates for the Complainant and Sri  V.V. Vijay Kumar, Advocate for the Opposite Party and having stood over till this date for consideration, this Forum made the following:

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

1.       The case of the Complainant in brief is that the Complainant joined as a member in the venture of the Opposite Party in the name and style of SRI SAI GANESH-2 on 22.09.2008 and paid Rs.5,000/- towards advance.   The total value of the said plot is Rs.1,00,000/-.   On 16.10.2008 the Complainant paid Rs.20,000/- and has entered into an agreement sale with the Opposite Party in respect of a house plot bearing No.52 and measuring 100 Sq. yards in SRI SAI GANESH-2, Survey No.50/3 situated at Cheedivalasa village, Kothavalasa  Mandal, Vizianagaram District.   On 12.11.2008 the Complainant went to the office of the Opposite Party with the balance sale consideration but the Opposite Party is not available.   So, the Complainant did not pay the balance amount and the Opposite Party  informed the Complainant to come in the month of December, 2008.   The Complainant paid an amount of Rs.75,000/-  on 25.12.2008 and Rs.15,000/- to the Opposite Party and requested the Opposite Party to register the plot in his name.    The Opposite Party issued receipts in favour of the Complainant.   Inspite of many requests made by the Complainant, the Opposite Party did not register the plot in favour of the Complainant.    Hence, this Complaint.

2.       a) Direct the Opposite Party to refund the amount of Rs.60,000/- (Rupees Six thousand only) with interest @ 24% p.a. from the date of his payments to the Opposite Party till realization;

b) Direct the Opposite Party to pay damages/compensation to a tune of Rs.30,000/- for causing mental agony, torture and mental tension caused to the Complainant besides incurrence of heavy expenditure for roaming around the office of the Opposite Party;

c) For the costs of the Complaint; and

d) For such other relief or reliefs as the Forum deems fit and proper under the circumstances of the case.

3.       The Opposite Party denied all the allegations made by the Complainant stating that the Complainant is a defaulter.   The Complainant did not pay the total installments, so they did not register the plot in his favour.   Though the Opposite Party officials requested and demanded the Complainant to pay the balance amount, but he failed to do so.    So, the Opposite Party entered into the agreement with another member by name Tripurana Ashok Kumar for the plot No.3A   in SRI SAI GANESH-2 Venture dated 16.03.2009 vide bearing No.544/09 and also delivered the plot to him.   As the Complainant failed to pay the balance amount, the Opposite Party allotted two plots to another member/customer and the entire venture was closed in the year, 2009.   Though the Opposite Party is ready to allot the plot to the Complainant in another venture as per the rate fixed to the said venture as on date, the Complainant did not come forward to take another plot.   So, the Complainant is not entitled Rs.60,000/- and other reliefs asked by him.

4.       At the time of enquiry, the Opposite Party filed their affidavits as well as written arguments to support their contentions.    Exs.A1 to A6 are marked for the Complainant.     Exs. B1 to B3 are marked for the Opposite Party.   Heard both sides.

5.       ExA1 is the Sale Agreement dated 16.10.2008.   Ex.A2 is the Receipt No.235 an amount of Rs.5,000/- issued by the Opposite Party in favour of the Complainant dated 22.09.2008 .   Ex.A3 is the Receipt No.19 for an amount of Rs.20,000/- issued by the Opposite Party in favour of the Complainant    Ex.A4 is the Cash Receipt No.14 an amount of Rs.15,000/- in favour of the Complainant on 25.12.2008 issued by the Opposite Party.   Ex.A5 is the Cash Receipt No.15 an amount of Rs.10,000/- issued by the Opposite Party in favour of the Complainant on 11.02.2009.    Ex.A6 is the Cash Receipt No.19 an amount of Rs.10,000/- issued by the Opposite Party in favour of the Complainant on 13.4.2009.  

6.       Ex.B1 is the photo copy of Layout plan of Sai Ganesh Nagar-2.  Ex.B2 is the Application for a Plot/Farm Land by the Complainant.  Ex.B3 is the photo copy of Registered Sale Agreement executed in favour of Tripurana Ashok Kumar dated 16.10.2009.

7.       The fact shown from the documents filed by the Complainant i.e., Ex.A1 reveals that the Complainant entered into the Sale Agreement with the Opposite Party dated 16.10.2008 in the S.No.50/3 in SRI SAI GANESH-2  and the boundaries of the said plot are as follows:-

          East:           Plot No.54 Vacant site.

         South:                   20 feet Road

          West:          Plot No.52 Vacant site

          North:         Plot No.66 Vacant site.

Whereas, the documents filed by the Opposite Party i.e., Ex.B3 reveals that the Opposite Party entered into an agreement with Sri Tripurana Ashok Kumar on 16.03.2009 Plot No.3/A and the boundaries is as follows:-

          East:           Plot No.3 vacant site.

          West:          Others land

          South:         Plot No.2 vacant site.

          North:         Others land.

8.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Party.  The Complainant is entitled to any reliefs asked for?

9.         After careful perusal of the case record, this Forum finds that the Complainant paid Rs.60,000/- and it was acknowledged by the Opposite Party on different dates.   All the Cash Receipts were acknowledged by the Opposite Party.   The Complainant paid Rs.60,000/- out of Rs.1,00,000/- and  he is also ready to pay balance consideration, but the Opposite Party did not register the plot  in favour of the Complainant.    Moreover, the Opposite Party stated in their counter that he sold away the property to another member as the Complainant is a defaulter to pay the balance installments.   The documents filed by the Complainant and the Opposite Party are defer.    As per the document Ex.A1 the Plot No.53 in SRI SAI GANESH-2 and the boundaries are as follows:-

                    East:           Plot No.54 vacant site.

                   West:          Plot No.52 vacant site.

                   South:         20 feet Road.       

                   North:         Plot No.66 vacant site.

The date of Sale Agreement dated 16.10.2008 in the said venture of the Opposite Party.   As per the documents filed by the Opposite Party i.e., Ex.B3, the Opposite Party sold the Plot No.3/A to another member i.e., Sri Tripurana Ashok Kumar and the Sale Agreement dated 10.03.2009 and the  boundaries are s follows:-

                   East:           Plot No.3 vacant site.

                   West:          Others land

                   South:         Plot No.2 vacant site

                   North:         Others land.

The contention of the Opposite Party is that upon the failure the of the Complainant they sold the plot to Sri Tripurana Ashok Kumar, where as their agreement Ex.B3 reveals that the Complainant plot and the Ex.B3 plot is different, it is no way connected with the plot number of the Complainant and plot boundaries.   So, it is a fabricated document.   Moreover, the Opposite party issued receipts and executed agreement i.e., Ex.A1 is in the year 2008 where as Ex.B2 is in the year 2008 and Ex.B3 is executed in the year 2009.     It amounts to deficiency of service coupled with unfair trade practice on the part of the Opposite Party.   Hence, the Complainant is entitled to Rs.60,000/- with interest some compensation and costs too.

11.     In the result, this Complaint is allowed directing the Opposite Party: 1) to refund an amount of Rs.60,000/- (Rupees Six thousand only) with interest @ 9% p.a. from 13.04.2009 till the date of actual realization, and to pay b) a compensation of Rs.6,000/- (Rupees Six thousand only) and c) Costs of Rs.1,000/- (Rupees One thousand only) to the Complainant.   Time for compliance, one month from the date of this order.   Advocate fee is fixed at Rs.2,000/- (Rupees two thousand only).

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 27^th day of October, 2014.

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President                            Male Member                      Lady Member

APPENDIX OF EVIDENCE

For the Complainant:-

For the Opposite Party:-         

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President                       Male Member                                             Lady Member