JANACHAITANYA HOUSING PVT. LTD Vs. VIJAYALAKSHMI NAIR

JUDGEMENT

(1.) The opposite parties are the appellants.

(2.) The appeal is challenge to the order passed by the District forum-I, Visakhapatnam in C.D.No.1101 of 2004.

(3.) Briefly stated the facts of the case as represented by the complainant are that the complainant has joined the two ventures Saivijaya and Saiiswari of the opposite party agreeing to purchase an open plot admeasuring 406 sq.yards. The opposite party had issued passbooks bearing no.375 and 376 and allotted the plot bearing no.337 of Saivijaya Layout and executed an agreement of sale on 26.10.1993 in favour of the complainant. The rate of the plot was fixed at Rs.175/- per sq.yard. The husband of the complainant also joined as a member for purchasing a plot of house site of 200 sq.yds. He was issued passbooks bearing No.165 and 166. As there was no development in the two layouts, the complainants approached the opposite party on 19.8.1996 and as a result of discussion the opposite party addressed a letter wherein it has agreed to allot an additional plot of house-side of 240 sq.yds in addition to the extent of 408 sq.yas in plot bearing no.B37 to the complainant and for the purpose of allotment of additional plot the opposite party adjusted the amount paid by the husband of the complainant under passbooks bearing No.165 and 166. The opposite party has executed a sale deed on 21.7.2000 in favour of the complainant for an extent of 408 sq.yards. The opposite party failed to allot the remaining plot of 240 sq.yards and addressed a letter to the complainant on 25.10.2002 with an undertaking to register the additional plot for 240 sq.yards within a period of four months therefrom. The opposite party failed to keep his promise for allotment of the remaining part of the plot.