A. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION : ATHYDERABAD
FA 49/2009 Hyderabad.
Between :
Smt. Adapa Sukanya,
W/o Sri Ramsudhakar
Aged 60 years, Occupation : Household
R/o H. no. 16-11-1/5/4, Saleemnagar Colony,
Malakpet,Hyderabad
And
1. M/s. Pragathi Green Meadows & Resorts
Private Limited @ pragati Resorts
Having its office at 7-1-28/4/4,Shyamkaran Road,
271/A. Road no. 10,
Opp. To spicy Venut Restaurant), Jubilee Hills,
Hyderabad
2. Sri Chennaiah Siddam, Agent of
Pragati Green Meadows & Resorts Pvt. Ltd
Plot no. 57, V. K. Dhage Nagar,
Hyderabad
Counsel for the Appellant
Counsel for the Respondents
Coram
And
Friday, the Sixth Day of January
Two Thousand Twelve
****
2. The brief facts of the complaint
The opposite parties 1 and 2 offered to sell a plot
3.
6. two daughters and son. The District Forum erred in coming to the conclusion that she has sold or transferred her membership in favour of any third person and the alleged
7.
8.
9. The case of the complainant is that she approached Op. 2 through OP.1 to purchase 500 sq. yards of plot bearing no. 40 for Rs.3,50,000/- situated at Chilkur Balaji temple road, Proddutur in Shankerpalli mandal, Ranga Reddy District in the name of her daughter Pranitha who is resident of USA and paid rs.1,25,000/- to the OP and that OP.1 issued pass book in respect of the said transaction and later on when she offered to pay remaining consideration of Rs.2,25,000/- to the Ops and requested to register the above plot in the name of her daughter Pranitha they postponed the same and that in the mean while OP. 2 had taken the original pass book and receipts from her assuring that he will enter payments made by her in the pass book through OP. 1 and then to return the pass book to her but did not return the same insptie of several requests and therefore she got issued legal notice and then filed the complaint expressing her willingness to pay the balance amount and requesting fabricated did not take any steps to prove that they were so fabricated. Therefore mere saying that they were
10.
Sl.no | Cheque bearing | Date of cheque | Amount | Drawee bank |
1 | 985012 | 21.2.2004 | Rs.10,000/- | Punjab National Bank, Malakpet |
2 | 986284 | 21.2.2004 | Rs.15,000/- | Do |
3 | 986285 | 27.03.2004 | Rs.50,000/- | Do |
4 | 986286 | 31.3.004 | Rs.50,000/- | Do |
| | | Rs.1,25,000/- | |
There is no dependable evidence that plot nos. were allotted to the complainant
11. , only Rs.3,750/- was paid by the complainant vide cheque no. 986284 dt. 15.2.2004. Ex. A3 document as far as pass book numbers 44 and 45
12.
Sl.no | Pass book no. | Cheque bearing | Date of cheque | Amount | Drawee bank | Remarks |
1 | 44 & 45 Ex. A3 | 985012 | 21.2.2004 | Rs.5,000/- each | Punjab National Bank, Malakpet | Not against pass book no.40 |
2 | 38,39,40& 41 | 986284 | 21.2.2004 | Rs.15,000/- @Do | Not against pass book. No.40. |
3 | 477 (Ex. B1) | 986285 | 27.03.2004 | Rs.50,000/- in favour of Harin kumar and not for pass book no. 40 | Do | Not against pass book no.40 |
4 | 38 & 39 ( Ex. A3) | 986286 | 31.3.2004 | Rs.50,000/- @ 25,000/- each | Do | not for pass book no. 40 |
| | | | Rs.1,25,000/- | | |
According to OPs, Rs.11,500/- and another Rs.11,500/- totaling to Rs.23,000 vide receipt No. 467 dt,. 1.4.2004 was paid for and on behalf of the complainant towards pass book nos. 38 and 39 so also Rs.15,250/- ( Ex B6) ( Ex.B8, B9 )
13.
