This C.C. came before us for final hearing in the presence of Sri.M.A.Towfiq, Advocate for complainant, and of Sri.I.Venkateswarlu, Advocate for opposite party; upon hearing the arguments and upon perusing the material papers on record, and having stood over for consideration till this day, this Forum passed the following order:
O R D E R
(per Sri. Vijay Kumar, President)
1. This complaint is filed u/s.12-A 2(1)(d) of Consumer Protection Act, 1986 with the following averments,
2. The complainant is a member of T.N.G.O’s society and the opposite party is the President of T.N.G.O.’s Khammam District unit. The complainant entered his name as a member of the society and paid Rs.126/- towards membership fee vide receipt No.670, dt.3-10-1986. At that time the complainant was working as Senior Assistant in C.T.O.-II, Khammam. The opposite party has issued a letter to the complainant to pay Rs.1500/- for allotment of plot at Velugumatla Revenue Village. Accordingly, the complainant has paid Rs.1500/- on 16-10-1986 and got issued a receipt vide receipt No.791 by allotting plot No.34 to an extent of 300 square yards. The opposite party issued allotment order vide Sl.No.119. Since the date of allotment order, the complainant made number of efforts to execute a registered sale deed in his name, but the opposite party went on postponing under one pretext or the other. Though the complainant has fulfilled all the formalities, the opposite party did not execute the registered sale deed in respect of allotment of plot No.34 to the complainant. Hence, this complaint.
3. Apart from the complaint, the complainant filed chief affidavit, reiterating the contents of the complaint.
4. On receipt of the notice, the opposite party appeared through his counsel, filed counter and denied all the allegations made in the complaint. The opposite party submitted that there is no cause of action to file the complaint. The complaint is not within the section 12-A.2(1)(d) of Consumer Protection Act and it is barred by limitation and this forum is not having jurisdiction to entertain the complaint and prayed to dismiss the complaint.
5. On behalf of the complainant, the following documents have been filed and marked as Exs.A.1 to A.6.
Ex.A.1 is Receipt No.670, dt.3-10-1986, for Rs.126/-
Ex.A.2 is letter issued by the opposite party for payment of Rs.1500/-
Ex.A.3 is Receipt No.791, dt.16-10-1986 for an amount of Rs.1500/-
Ex.A.4 is Allotment order vide Sl.No.119, for the allotment of plot No.34
in the lottery
Ex.A.5 is office copy of legal notice dt.24-11-2007
Ex.A.6 is postal acknowledgment dt.28-11-2007
6. Both the complainant and opposite party have filed their written arguments. Heard both sides. Perused the oral and documentary evidence on record, upon which the points that arose for consideration are,
1. Whether the complainant is entitled to ask for registered sale deed
In respect of plot No.34 in an extent of 300 square yards from the
opposite party?
2. Whether the complainant is entitled for any compensation?
3. To what relief?
Point No.1 :
7. In the written arguments filed on behalf of the opposite party, it is submitted that the complainant was allotted plot No.34 and the said plot is still kept vacant, the complainant, who did not come forward with requisite registration fee and development charges to get it registered and therefore it is the fault on the part of complainant as he never turned up to get registered the house site in his name. The house site of 300 square yards in plot No.34 is still kept vacant and he can approach the District Registrar to get the entire record which is with them for the Khammam District T.N.G.O’s cooperative house building society and it was wound up long back. Instead of getting the plot registered, he filed the present complaint. On the basis of Exs.A.1 to A.6, the complainant amply proved that he became a member of the society and he was allotted plot No.34 to an extent of 300 square yards. The grievance of the complainant is that inspite of repeated efforts, the opposite party did not execute the registered sale deed of the said plot in his favour. But the opposite party replies that it is the complainant who has not come forward with the requisite registration fee to get the plot registered in his name. After hearing both sides, it has became clear that there is no hitch on the part of opposite party to execute the registered sale deed plot No.34 to register in the name of complainant. Accordingly, this point is answered in favour of both the parties.
Point No.2 &3:
8. In view of readiness on the part of opposite party to get the plot registered in his name, the complainant is not entitled to any kind of compensation. In view of above discussions, the opposite party is directed to execute the registered sale deed in favour of the complainant in respect of plot No.34 to an extent of 300 square yards if the complainant comes forward with the requisite registration fee by giving sufficient notice to the opposite party.
9. Accordingly, the complaint is disposed of. There is no order as to costs.
Dictated to the steno, transcribed by her, corrected and pronounced by us in the open forum, on this 23rd day of April, 2009.
PRESIDENT MEMEBR MEMBER
DISTRICT CONSUMERS FORUM
KHAMMAM
Appendix of Evidence
Witnesses examined for complainant
-None-
Witnesses examined for opposite parties:
-None-
Exhibits marked for complainant:
Ex.A.1 is Receipt No.670, dt.3-10-1986, for Rs.126/-
Ex.A.2 is letter issued by the opposite party for payment of Rs.1500/-
Ex.A.3 is Receipt No.791, dt.16-10-1986 for an amount of Rs.1500/-
Ex.A.4 is Allotment order vide Sl.No.119, for the allotment of plot No.34
in the lottery
Ex.A.5 is office copy of legal notice dt.24-11-2007
Ex.A.6 is postal acknowledgment dt.28-11-2007
Exhibits marked for opposite party :
-Nil-
PRESIDENT MEMEBR MEMBER
DISTRICT CONSUMERS FORUM
KHAMMAM
