S.ELAVARASI Vs. KING MAKERS ENTERPRISES PVT. LTD

JUDGEMENT

(1.) The unsuccessful complainant is the appellant.

(2.) The appellant/complainant had purchased Plot Nos.379 and 382 from the first opposite party, for the consideration of Rs.40,000/- per plot that is 1200 sq.ft., including stamp duty, registration, totaling a sum of Rs.80,000/-. After purchase, based upon the registered documents, when the complainant approached the Thasildhar for transfer of patta, it was refused on the ground of incorrect Survey number, resulting rectification deed has to be executed and registered, not only by the opposite parties, but also conveying the said property by the original owner Meenakshi. Despite repeated requests, the opposite parties failed to execute the rectification deed, thereby caused mental agony. Hence, a consumer complaint is filed, seeking direction against the opposite parties, to execute the Rectification Deed for the correct Survey Number including the conveyance deed by Meenakshi in favour of the third opposite party for transfer or to pay a sum of Rs.80,000/- paid as consideration with interest along with compensation of Rs.2 lakhs.

(3.) The District Forum despite the fact, the opposite parties have not contested the case, scanning the documents produced by the complainant, felt that the opposite parties had executed the Rectification Deed and the same was also informed to the complainant. Thus concluding, further observing, the complainant instead of not pressing the complaint, has unnecessarily prosecuted the case. In this view, the complaint itself was dismissed, as per the order dated 12.03.2010, which is impugned in this appeal, seeking the relief as prayed for.