T.TEJESWARARAO Vs. GRUHA JYOTHI BUILDINGS AND ESTATES PVT. LTD., REPREENTED BY ITS CHAIRMAN Y.RAMABRAHMAM AND MANAGING DIRECTOR

JUDGEMENT

(1.) (Typed to the dictation of Smt.M.Shreesha, Hon'ble Member) Aggrieved by the order in E.A.No,29/2007 in C.C.No.251/2005 on the file of District Forum-I, Visakhapatnam, the complainant preferred this appeal.

(2.) E.A. was filed by the complainant/Decree holder U/s27 of Consumer Protection Act, 1986 seeking execution of the order dated 03-1-2006 passed in C.D.No.251/2005 a)directing the complainant to pay balance amount as per the scheme with penalty and then the opposite parties to register the plot in favour of the complainant on payment of necessary registration charges and b) it is not possible, then direction was given to the opposite parties to return the sum of Rs.40,400/- with interest at 9% p.a. from 01-5-2003 till the date of realization. c) to pay Rs.10,000/- towards compensation and d) to pay Rs.1,000/- towards costs.

(3.) Opposite party no.2 filed counter on his behalf as well as on behalf of opposite party No.1 contending that one of the Directors of Gruha Jyothi Buildings & Estates, one Yerneni Ramabrahman has transferred two plots in the layout in favour of his relatives and friends and a such a Civil Suit was filed by Managing Director on the file of VI Additional District Judge, Visakhapatnam praying for cancellation of the illegal transaction made by the said Ramabrahmam. There was another suit on the file of Senior Civil Judge at Gajuwaka for declaration of ownership of the above Gruha Jyothi Buildings & Company and therefore the second opposite party is not able to pay the amount as directed in C.D. Opposite party No.2 further submitted that there is interim injunction passed in I.A.No.337/2006 in O.S.No.42/2006 and prayed to dismiss the E.A.