BALIREDDY SUDHAKAR Vs. CLASSIC CONSTRUCTIONS PVT. LTD

JUDGEMENT

(1.) The brief facts as stated in the complaint are that opposite party No.1 is a private limited company doing business in real estate at Visakhapatnam represented by opposite parties 1 and 2, who developed a layout under the name and style of Aiswarya Garden abutting Adibatla nagar, Vuda layout opposite to Karthika Vanam, Beach Road, Visakhapatnam. Opposite parties represented that they obtained BLP No.22/98 and the complainant being induced by the representation of opposite party No.1 purchased plot Nos.23 and 24 admeasuring 350 sq. yds. each @ Rs.1280/- per sq. yd. Out of the total consideration of Rs.8,96,000/- the complainant paid Rs.8,50,000/- as per the instructions of opposite party No.1 to opposite party No.2, by way of cash of Rs.2,00,000/- on 26/9/2002 for which opposite party No.2 gave an acknowledgement as advance for plot Nos. 23 and 24 and on 10-10-2002 by way of cheque bearing No.762094 for Rs.5,00,000/- which was encashed on the same day. Another sum of Rs.1,50,000/- was paid by complainant to opposite party No.2 by way of cheque bearing No.206027 and the same was also encashed on 10-10-2002. The complainant submitted that he visited the opposite parties on several occasions requesting opposite party No.1 for execution of the sale deeds after getting final approvals from VUDA and opposite party no.1 postponed the registration of the plots on one pretext or the other. The complainant having learnt that the opposite parties got approval from VUDA once again approached opposite party No.1 with the balance amount of Rs.46,000/- for execution of sale deeds and he informed that the GPA holder is out of station and as he comes from USA, the plots will be registered. The complainant submitted that since the opposite parties are causing abnormal delay in executing the sale deeds, he got issued a legal notice on 14-9-2005 demanding opposite party No.1 to execute the sale deeds but the same was returned as un-claimed. The complainant further submitted that opposite party no.2 furnished a LP certificate of Aiswarya Gardens (layout in S.Nos.98/P and 99/P of Yendada Village Cheena Gadili Mandal belonging to J.Vijayashankar, GPA holder vide LP No.65/2004) stating that the plots can be registered in favour of the complainant. It was also informed by opposite party No.2 that opposite party No.1 would be shifting his business to Hyderabad, Bangalore and Madras and may not be available at Visakhapatnam and requested the complainant to follow up for registration of the plots. The complainant submitted that he learnt that J.Vijay Shankar would be leaving to U.S.A. and as such he sent representation on 21-8-2006 demanding him to register the plot Nos.23 and 24 but the same were returned as Refused to take. The complainant vexed with the indifferent attitude of opposite party No.1 on 26-8-2006 lodged a complaint with the Commissioner of Police, Visakhapatnam and as there was no action submitted a representation to the Honble Chief Minister, Govt. of Andhra Pradesh on 20-9-2006 to take action and also submitted various representations to Honble Chief Minister, Governor of A.P. Home Minister and other higher police officials and the police officials except referring the matter to local Task Force officials of MVP colony, Visakhapatnam no action was taken against the opposite parties.

(2.) It is the case of the complainant that the opposite parties have not yet sold plot Nos. 23 and 24 as per the encumbrance certificate dt.24-8-2006 issued by the Sub Registrar, Madurawada. The complainant submitted that he paid Rs.8,50,000/- to the opposite parties as against Rs.8,96,000/- during October, 2002 and they have been enjoying the same without executing the sale deeds. He further submitted that the land cost in and around Visakhapatnam increased in several folds and the present Govt. rate is Rs.3,800/- per sq. yd in the said survey numbers as against Rs.500/- during 21002 and as per the valuation certificate issued by the Sub Registrar, Madurawada the total value of 700 sq. yds. is mentioned at Rs.26,60,000/- and the registration charges is payable at Rs.2,52,700/-. He further submitted that the actual market rate is Rs.23,000/- per sq. yds. and if the actual market rate is taken into consideration, the market value of the plots 23 and 24 would be ore than Rs. One crore and the opposite parties are bound to bear the escalation in the registration of the plots. He submitted that the action of the opposite parties in not registering the plots inspite of receiving the amounts long time ago not only amounts to deficiency in service but also unfair trade practice and he could not complete any construction due to non registration of the plots by the opposite parties. Hence the complaint for a direction to the opposite parties to register plot Nos. 23 and 24 in Aiswarya Gardens in Sy. No.98/P and 99/P at Yendada Village, China Gadila Mandal Visakhapatnam by receiving the balance sale consideration of Rs.46,000/- or in the alternative to allot any other plot/plots admeasuring 700 sq. yds. in Aiswarya Gardens or in other ventures to bear the escalation in stamp duty and registration charges and to pay compensation of Rs.10,00,000/- and costs of Rs.25,000/-.

(3.) Opposite party No.1 filed a preliminary counter submitting that the description of the