KAKULAM RAGHUNATHA REDDY Vs. Y.RAMACHANDRAIAH

JUDGEMENT

(1.) Aggrieved by the order in CC.No.88/2007 on the file of District Forum, Kadapa, the complainant preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant was a member of NGOs Co-operative House Building Society, Rayachoty since 1981 and the said Society allotted plot no.122 to him and collected incidental and development charges. The opposite party sent notice to the complainant on 20.6.1993 and 10.11.93 demanding to pay Rs.8,000/- towards the cost of the plot in instalments. The complainant paid Rs.4000/- on 6.12.93 to the Society and later the opposite party refused to receive the balance amount and the Society sold away the plot which was allotted to the complainant to a non member of the Society by R.Jayamma under registered sale deed. The complainant filed a petition U/s.61(B) of A.P.C.S.Act, 1964 before the Deputy Registrar of Cooperative Societies, Kadapa on 15.2.2000 praying for cancellation of earlier registered sale deed in favour of R.Jayamma and to direct the opp.party to register the said plot in his favour and the Deputy Registrar, Cooperative Societies, Kadapa in the Award no.2/99-2000 dt.15.6.2000 directed the opposite party to register the said plot in favour of the complainant. The complainant submits that in obedience to the award of Deputy Registrar, Cooperative Societies, Kadapa he paid Rs.4,000/- on 26.7.2000 to the Society and the Society received the said sum and informed the complainant through their letter dt.3.3.2001 that the complainant has to pay interest on the said amount @ 15% from 30th April 1993 till 25th July 2000 and also informed to make required arrangements in the office of the Sub-Registrar, Rayachoty for registration of the said plot in his favour. The complainant paid Rs.4,340/- towards said interest, but the opp.party refused to register the said plot in his favour. The complainant filed Execution Petition no.6/2002 before the Principal Junior Civil Judge, Rayachoty under order 21 rule 34 of C.P.C. and the said Court directed the opp.party to execute the registered sale deed in favour of the complainant within 15 days from the date of order, but the opp.party disobeyed the said order. The complainant filed E.P.No.177/2004 U/O. 21 R.34 of C.P.C before the same Court and the said petition was allowed on 29.6.2006 and aggrieved by the said order, the opposite party filed C.R.P.No.4129/06 in A.P.High Court to set aside the order in E.P.No.177/04 and he filed appeal CTA SR. No.2950/06 in A.P.Cooperative Tribunal, Hyderabad against the award AR.No.2/99-2000 of Deputy Registrar, Cooperative Societies, Kadapa and he filed I.A.No.591/2006 for condonation of delay of 2181 days in filing appeal CTA Sr.No.2950/2006. The Honble High Court dismissed the CRP and A.P.Cooperative Tribunal Hyderabad also dismissed I.A.No.591/06 and the Honble Principal Junior Civil Judge, Rayachoty got registered the plot no.122 in favour of the complainant on 29.3.2007 U/O.21 R.34 of C.P.C. as the opposite party did not obey the orders of the Court and execute the document. The complainant submits that the opposite party subjected the him to extreme mental torture and humiliation by refusing to receive the balance consideration of the plot and by refusing to register the plot in his favour even after receiving the entire consideration along with interest and the opp.party resorted to fraud and cheating and violated the bye laws of the N.G.Os Cooperative House Building Society, Rayachoty and failed to provide service to the complainant without registering the plot . The complainant submits that he incurred an expenditure of Rs.4,95,000/- to get over the legal hurdles created by the opp.party from the year 1993 to 2007. Alleging deficiency in service on the part of the opposite parties, the complainant approached District Forum to direct the opposite party to pay Rs.4,95,000/- towards expenses and compensation.

(3.) The opposite party filed counter stating that the complainant was not a non gazetted officer and he joined in the Society in the year 1981 when he was a gazetted lecturer and was allotted plot no.122 of Society and the complainant with the connivance of his brother got executed a registered sale deed in favour of R.Jayamma and knowing the facts fully the complainant has filed petition before the Deputy Registrar of Cooperative Societies, Kadapa against the opposite party Society The opposite party submits that if really the complainant sustained damages by preferring the appeal before the appellate Court he has to file separate civil suit and the complainant is not a consumer and the provisions of C.P.Act are not applicable and there is no deficiency in service on their behalf and seeks for dismissal of the complaint with costs.