EXECUTIVE ENGINEER Vs. GHANTA NAGALALITHA

JUDGEMENT

(1.) The appeal is filed under Section 15 of the Consumer Protection Act seeking to set aside the impugned order passed against the opposite party in C.C.No.185 of 2006 by the District Forum, Krishna II at Vijayawada.

(2.) The respondent filed complaint stating that he purchased flat in Phase II in Block No.57, Flat No.2 on 19-08-2002 from the original allottee, Kothuri Padma Raju. On 30-11-2004 the respondent had submitted to the appellant an application along with relevant documents for execution of the registered sale deed. On 2-12-2004 the respondent had requested the appellant to execute the sale deed. On 16-12-2004 the appellant got published notice calling for objection for third party transfer In favour of the respondent. The appellant had not executed the registered sale deed in favour of the respondent. Delay in execution of the sale deed was attributed to the appellant on the premise that they have demanded the respondent to submit irrelevant documents. On 25-11-2005 the appellants had demanded the respondent to pay an amount of Rs.23,555/- towards the fee for transfer of the title in the flat.

(3.) The respondents filed the complaint from which the impugned order is originated that the appellant did not take any steps after the publication of the notice for transfer of his interest in the flat even though the respondent had submitted application on 2-12-2004 and only after revising the transfer fee for two times the appellant had issued notice to the respondent with a demand to pay an amount of Rs.23,555/-which act made the respondent to have got issued legal notice dated 15-05-2005 through her counsel that the appellant had executed sale deeds immediately after the publication of the notice in respect of the flats adjacent to the flat in question and as such the respondent had expressed her willingness to pay the transfer fee prevailing as on the date of her application but not the revised fee.