N VAITHIALINGAM Vs. DEVI HOUSE CONSTRUCTIONS

JUDGEMENT

(1.) The appeal arises out of the order of the District Consumer Disputes Rodressal Forum, Madras dated 20.5.92 in O. P.643/91. The unsuccessful complainant is the appellant.

(2.) The complainant entered into an agreement with the opposite party for the purchase of plot No.14, Deepa Nagar, Madanandapuram and for the construction of a building therein. He has paid Rs.30,000/- on 5.7.89 and another sum of Rs.30,000/- on 15.7.89 as per the agreement. The opposite parly failed to get the deed of sale in respect of the plot. The complainant therefore demanded repayment of the amount. The opposite party agreed to sell another plot bearing No.4, Jayalakshmi Nagar, Madanandapuram and executed deed of sale for which the complainant had paid Rs.6,000/- for registration charges. But the opposite party did not obtain the approval of the building plan in the said plot. It was found later that this lay-out was not approved by the MMDA and no construction could be put thereon. Hence this complaint.

(3.) The opposite party resisted the complaint. It is admitted that an agreement was entered into between the complainant and the opposite party for the purchase by the complainant Plot No.14, Deepa Nagar, Madanandapuram and for construction of a house therein. As the complainant did not pay the full amounts, the terms of the agreement could not be carried out. Subsequently the complainant agreed to purchase plot No.4 of Jayalakshmi Nagar layout for Rs.45,000/- and a deed of sale has been executed and the earlier agreement was cancelled. There was no agreement for applying for permission for the complainant or construction of any house in this plot. There is therefore no deficiency of service on the part of the opposite party.