SUBHAKARA ESTATES PVT LTD Vs. D RAMBABU

JUDGEMENT

(1.) This revision petition challenges the order dated 11.04.2007 of the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad (in short, 'the State Commission') in F.A. no. 431 of 2004. By this order, the State Com-mission dismissed the appeal of the petitioner who was the opposite party (OP) before the District Consumer Disputes Redressal Forum, II, Krishna, Vijayawada (in short, 'the District Forum') in complaint case no. 325 of 2003.

(2.) The respondent was the complainant before the District Forum with the allegation of deficiency in service on the part of the petitioner in that the latter failed to execute the sale deed in respect of four plots of lands despite his making full payment of Rs. 1,60,000/-. On the other hand, the peti-tioner/OP contended that the Managing partner of the petitioner firm had executed the registration of the sale deeds of plots of 200 sq. yds in favour of the complainant and hence there was no deficiency in service on his part. After consideration of the pleadings, evidence and documents brought on record by the parties, the District Forum found that the petitioner/OP 1 had failed to establish acquisition of land which was to be divided into plots and allotted to various applicants and hence it was liable to refund the amount of Rs. 1,60,000/- that the firm had received from the complainant as he had produced various receipts to establish the payments. Accordingly, the District Forum directed the OP to pay the sum of Rs. 1.60,000/- with interest @ 9% per annum from 25.05.2003 and cost of Rs. 1000/-. In appeal filed by the OP the State Commission passed the impugned order, as noticed above.

(3.) We have heard Mr. P. Vijay Kumar and Mr. D. Bharat Kumar, learned counsel for the petitioner and respondent respectively and carefully perused the documents already on record.