P.R.KASI VISWANATHAN vs M.NAKIULLA BAIG

THE unsuccessful first opposite party is the appellant before this Commission.

THE facts in brief are that the complainant and the opposite parties were working in the Judiciary and they formed an Association to purchase vacant land for house sites and to allot them for the benefit of members of the Association. THEy were paying Rs. 20.50 ps. towards cost of the land every month. THE opposite parties in their capacity as office bearers of the Association purchased the land from its owner in the name of a Real Estate Agent and though the complainant was requesting them to get the sale deed registered in his favour, they have failed to do so. THE complainant thereupon approached the District Forum for refund of the amount. The first opposite party filed its written version alleging that the complaint is barred by time, that the Judicial Employees of Chittoor with a view to have house plots at concessional rates formed into an Association and for registration of the Association an amount of Rs. 50,000/- was required, that they could not get the Association registered and as the acquired plot of land was with boulders and small hillocks they entered into an agreement with a third party to level the land and sell the plots to the members of the Association at Rs. 3.40 ps. per sq. feet. The first opposite party further plead that he is no longer in service and that a notice was issued on 12.12.1989 calling upon the complainant to pay the balance amount. He did not pay the balance amount, but he got issued a notice dated 24.8.1994 and filed the complaint. It is further alleged that the complainant was allotted two plots and that he has paid Rs. 9,100/- and he has to pay the balance amount.

Basing on these pleadings and the evidence adduced, the District Forum found that there was deficiency of service on the part of opposite parties and directed the opposite parties to refund the amount of Rs. 9,100/- with interest at 18% per annum from 24.8.1994 besides costs.

AGGRIEVED by the said finding and order, the first opposite party preferred this appeal. The point for consideration is, whether there is any deficiency of service on the part of first opposite party ?

IT is not in dispute that the complainant joined the Association formed to acquire house sites for its members viz. the Judicial Employees of Chittoor District. IT is not in dispute that an amount of Rs. 50,000/- was to be deposited to get the Association registered and the members have resolved to contribute the said amount, but they failed to do so. In a meeting held on 12.2.1988 as per resolution No. 4, it was resolved to collect Rs. 500/- from each member. In a meeting held on 26.4.1998, as per resolution, the site was selected. As per resolution dated 13.5.1988 the General Body of the meeting accepted the terms of agreement in toto and also approved the deposit of Rs. 2,600/-. As per resolution dated 11.6.1988 it was agreed that each member should contribute Rs. 2,600/- and get the sale deed registered. As per resolution dated 2.12.1988 of the General Body meeting, the plots were to be allotted. The complainant has attended the said meeting on 2.12.1988 and has appended his signature at Serial Number 7. These resolutions clearly show that the complainant is a party to these proceedings. The grievance of the complainant is that he was not allotted any site and, therefore, he is entitled for refund of the amount paid by him. The postal receipt dated 12.12.1989 shows that a registered notice was issued to the complainant, perhaps demanding him to pay the balance of the sale consideration and get the sale deed registered in his favour. Annexure-I shows that the complainant was allotted plot Nos. 15 and 89 and the actual cost is Rs. 13,515/-. He paid an amount of Rs. 9,120.50 ps. and still he owed an amount of Rs. 4,394.50 ps. The layout plan also shows that the complainant was allotted plot Nos. 15 and 89. Another list found in the record shows list of names for whom plots have been allotted in Subarigiri Colony, Meenakshi Road, Chittoor. As per this list 84 sale deeds have been registered. Basing on these documents, it must be held that the complainant was allotted plot Nos. 15 and 89. He has not paid the balance amount even after receipt of the registered notice and get the sale deed registered. 87 members have got the sale deeds registered and nothing prevented the complainant to obtain a registered sale deed even though he was allotted two sites. Therefore, he is not entitled for refund of the amount paid towards part of the sale consideration. However, at the time of hearing the appellant has assured before the Commission that he would also join along with the owner in the execution of the sale deed in favour of the complainant in case the appeal is allowed directing the appellant to execute the sale deed so as to dispel all doubts about the cloud on the title to the land to be conveyed to the complainant. As there is undertaking by the appellant, the complainant is directed to pay the balance of the sale consideration and get the sale deed registered by the owner as well as by the appellant herein. This appeal is allowed on the above terms. There will be no order as to costs. Time for compliance six weeks. Appeal allowed.