GANDIKOTA SUBBA RAO Vs. G. SRINATH

JUDGEMENT

(1.) The case of the complainants, G. Srinath and G. Sridhar, is that they and their father, are the owners of property bearing 461.5 sq.yds. They sold the said property to one, G. Subba Rao, the petitioner/ opp.party, under Registered Sale Deed, dated 25.11.1996. The petitioner is a Builder. He started a multi-storeyed building venture. He agreed to convey undivided and unspecified 2/80th share, equivalent to 11.52 sq.yds of site along with a shop to be constructed by him in the second floor, which was to be named as 'Shyam Sunder Golden Tower', in the plinth area of 240 sq.ft. for a sum of Rs. 80,000/- i.e. Rs.29,000/- for site value and Rs.51,000/- for construction value.

(2.) There was inordinate delay in construction of the said property. The construction was completed in May, 2006. The Special Power of Attorney of the complainants approached the opposite party and requested him to receive the balance sale consideration of Rs.2,000/- and execute the necessary documents, in favour of the complainants. However, the petitioner did not properly respond to the above said request. A legal notice was given to the petitioner but it did not evoke any response. Consequently, a complaint was filed with the District Forum.

(3.) The District Forum vide its order dated 05.05.2009 allowed the complaint in the following terms:-