DINESH CHANDRA Vs. VIJAY KUMAR

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 (for short the "act") is directed against the order dated 26.6.2002 passed by the District Forum, Dhar allowing complaint made by respondent-Vijay Kumar directing appellant-Dinesh Chandra to execute sale deed of a plot of land in favour of the respondent-complainant after obtaining necessary permission from the Collector, Dhar.

(2.) It appears that the parties have on 4.6.1999 entered into an agreement of sale of land for a sum of Rs.1,31,000/-. The land in question belonged to the appellant who was paid Rs.31,000/- as earnest money by the respondent. The remaining amount was to be paid by the respondent at the time of execution and registry of the sale deed. Since permission of the Collector was required for making any such sale, it was also agreed between the parties that the requisite permission shall be obtained by the appellant at his own cost.

(3.) The respondent approached the District Forum below complaining that the appellant has neither obtained the requisite permission nor executed sale deed in his favour despite his offer to pay the balance price money to the latter. The complaint was resisted by the appellant also challenged jurisdiction of the Forum to entertain the complaint.