Date of filing: 01.06.2017 Date of order : 17.05.2019
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA, Y.S.R DISTRICT
PRESENT SMT. K. SIREESHA, B.L., PRESIDENT (FAC)
SRI N. NIRANJAN BABU, B.A, B.L., MEMBER
Friday, 17th day of May, 2019
CONSUMER COMPLAINT No. 38 / 2017
B. Lakshmi Devi, W/o B. Vijayanand, aged 55 years,
R/at Flat No. 303, JSR Residency, Opposite to
SPIRITS College, RIMS Road, Kadapa city, YSR District. …. Complainant.
Vs.
1. M/s JSR Constructions, A partnership Firm Regd. No. 159/2013,
Rep. by its Managing Partner, J. Sivarami Reddy,
D.No. 1/2436, APHB Colony, Kadapa City YSR District.
2. J. Siva Rami Reddy, S/o J. Sankar Reddy, aged about 55 years,
Managing Partner of M/s JSR Constructions, D.No. 1/2436,
APHB Colony, Kadapa City YSR District
3. J. Parvathamma, W/o J. Sivarami Reddy, aged about 55 years,
Partner of M/s JSR Constructions, D.No. 1/2436, APHB Colony,
Kadapa City, YSR District ….. Opposite Parties.
This complaint coming for final hearing on 10.5.2019 in the presence of Sri G. Trivikram Singh, Advocate for complainant and Sri P.V. Ramana Reddy, Advocate for opposite parties 1 to 3 and upon perusing the material papers on record, the Forum made the following:
O R D E R
(Per Smt. K. Sireesha, President FAC),
1. The complainants filed this complaint under section 12 of Consumer Protection Act, 1986 (for short herein after called as C.P. Act) to direct the opposite parties to execute a regular registered sale deed in respect of schedule mentioned flat No. 302 property with car parking facility OR to pay Rs. 20,00,000 which was paid by the complainant towards full consideration of flat along with interest at 24 percent p.a. from the date of agreement of sale till date of realization, within 30 days.
2. The brief facts of the complaint is as follows: Opposite party No. 1 is the registered partnership firm bearing No. 159/2013. O.P.2 is the Managing Director and O.P.3 is a partner of O.P.1. All are responsible for the activities of their business. The complainant entered into agreement of sale of undivided share of land with semi finished flat bearing No. 302. The sale consideration was Rs. 20,00,000 and the complainant was paid total consideration for the same the O.P.1 and 2 executed an agreement of sale dt. 01.9.2014 in favour of complainant with specific terms and conditions. As per terms of the agreement of the opposite parties are liable to construct the apartment and are bound to handover the possession of B schedule flat No. 302, within 12 months. After so much delay the opposite parties delivered the possession of the flat to the complainant and the complainant took over the possession. After taking possession the complainant made several requests to the opposite parties to register the flat in his name. But they postponed the same on one or other pretext.
Schedule A
All that piece and parcel of land bearing Ac. 1.00 cents or 0.405 Hectors or 4840 Sq.yards out of site left for master plan road i.e. or 4627 Sp. Yards in Sy. No. 609 of Mamillapalli Revenue village, Kadapa Municipal Corporaton, Kadapa city is bounded by:
East : site sold by K. Ramagopal Reddy to others.
West : Site belongs to Annaluru Vijayalakshi.
North : B Block.
South : Main Road. Within these total admeasuring 4627 Sp. Yards.
Schedule B
Eroding part of the A schedule property herein above and the property sold to the purchase under this and 4627 1/45th undivided un equivalent share of land in the A schedule property is equal of 55 Sq.yards site, flat No. 303 situated in third floor measuring 1250 Sq.feets including common area along with car parking facility in A Block in “JSR Residency” residential apartments by the first party / vendor located in the lands of Mamillapalli Revenue village as declared in schedule A in Kadapa Municipal Corporation, Kadapa city, to the second party / vendee with all easement right pertaining to the said flat bounded by :
East : Open to sky.
West : Corridor and flat No. 306.
North : Flat No. 301
South : Flat No. 302
There is gross negligence and deficiency in service on the part of the opposite parties. Hence, the complaint.
3. Written version filed on behalf of the opposite parties 1 to 3. All the allegations are false and there is no documentary evidence proof to prove the same. The complainant entered in to an agreement of sale of un-divided share of land with semi finished flat bearing No. 302 and paid total consideration is false. The agreement of sale clearly indicates O.P.2 is being Managing partner of O.P.1. O.P.1 sold out flat No. 302 to the complainant at semi finished stage and therefore, there is a conditions stipulated in the agreement that if the O.P.2 is made further constructions over the flat No. 302 from the date of execution of the agreement of sale. The complainant is liable to pay such amount which duly spends to the flat No. 302 by O.P.1. Therefore, the pleadings in the complaint was purposefully brought on record that there was a term that the O.P.s have to handover the possession to the complainant within one year and after one year on making persistent demands the O.Ps handed over the possession and enjoyment to him in respect of flat No. 303 to create cause of action to file the present complaint. It is a fact that the schedule property is already disposed off one Murali by the opposite parties through a registered sale deed dt. 22.8.2015, the same was well known to the complainant. The registered sale deed document No. 4342/2015. As per terms and conditions of the agreement the complainant could not approach the Hon’ble Forum for relief. The complainant had suppressed the material facts and file this complaint and the complaint is liable to be dismissed. There is no documentary proof for the allegations of the complainant. Hence, the complaint may be dismissed. The complaint is hit by section 11 of CPC as she already filed the suit in Civil Court against the O.Ps. seeking the same relief. The terms of the agreement must follow by both parties. This Forum has no jurisdiction to entertain the complaint since there is an agreement to the O.Ps are liable to execute registered sale deed or to follow the agreement binding of terms and conditions of the agreement. In these circumstances the complaint may be dismissed.
4. On behalf of complainant Ex. A1 to A3 were marked and on behalf of the opposite parties Exs. B1 to B8 are marked.
5. From the above averments the following points are settled for determination:
- Whether the complainant is eligible for compensation as prayed by her or not?
- Whether there is negligence or deficiency of service on the part of the Opposite parties or not?
- To what relief ?
6. Point Nos. i and ii The complainant brought to the notice of the Hon’ble Forum to perform the registered sale deed in favour of the complainant by O.Ps. The complaint filed for specific performance. So this is not right Forum to file this case and the complainant is directed to file the case before the court of law for specific performance. As seen from the complaint and written version and document son record. As per Ex. A1 is very clear that there was unregistered agreement between the complainant and O.P.2 at the same time there was a registered sale deed under Ex. B1 in favour of Soma Murali executed by O.P.2. It clearly shows that there was a registered sale deed in favour of S. Murali. The complainant is having only unregistered agreement of sale deed. At the same time Ex. A2 is the FIR lodged by B. Lakshmi Devi against O.P.2. Ex. B3 is charge sheet. In this case the documents on record and averments of the complaint and written version filed by both parties clearly shows that there is lot of litigation in between the parties. The complaint filed for specific performance i.e. to register the flat No. 302 in favour of the complainant. Here the complainant lodged a complaint against O.P.2 under FIR No. 47/2018 at RIMS police station. It clearly shows that there are both criminal and civil litigation pending in between both parties. Ex. B2 to B6 are not relevant to the present complaint, these exhibits does not support the case of the complainant. Ex. B7 relates to encumbrance on the property. As this complaint is purely in civil nature, this has to be decided before the proper court of law. Ex. B8 is a partnership agreement between the partners and O.P.2 relates to the land but not related to the flats So in these circumstances the complainant is directed to file this case before proper forum. This is not a right Forum to get their relief, as there is much civil and criminal litigation. The complaint needs lot of elaborate evidence which is not possible before this Forum. So the complainant is directed to file the case before proper court of law.
7. Point No.iii: In the result, the complaint is dismissed without costs. The complainant is directed to approach the proper court of law.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 17th day of May, 2019
MEMBER PRESIDENT (FAC)
APPENDIX OF EVIDENCE
Witnesses examined.
Witnesses examined for the Complainant:
Witnesses examined for the Opposite party: NIL
Exhibits marked for Complainant :
Ex.A1 Copy of Original Unregistered agreement of sale dt.04-01-2016 of un-divided share of land with semi-finished flat party executed by the opposite no.2 in the capacity of Managing Partner in favour of the
complainant.
Ex.A2 P/Copy of FIR No.47/2018 of RIMS P.S., Kadapa against the Opp party No.2.
Ex.A3 P/Copy of Charge Sheet of RIMS P.S., Kadapa against the opp party
No.2.
Exhibits marked on behalf of the Opposite parties :
Ex.B1 Certified copy of Registered sale deed Doc. No.4342 dated 22.08.2017 executed by O.P.1 & 2 in favour of one Soma Murali in respect of Flat No.302.
Ex.B2 P/c of un Registered agreement of sale deed executed by O.P.1 & 2 in favour of one Mandla Ram Mohan, in respect of Flat No.303.
Ex.B3 P/c of Registered sale deed Doc. No.1332 dated 07.04.2017 executed by O.P.1 & 2 in favour of one Rama Thulasamma, in respect of Flat No.504.
Ex.B4 P/c of Registered sale deed Doc. No.4015 dated 24.08.2017 executed by O.P.1 & 2 in favour of one V.Jyothi, in respect of Flat No.108.
Ex.B5 P/c of Registered sale deed Doc. No.4016 dated 24.08.2017 executed by O.P.1 & 2 in favour of one R.Jaya Prathap Reddy, in respect of Flat No.202.
Ex.B6 Certified copy of Registered sale deed Doc. No.4014 dated 24.08.2017 executed by O.P.1 & 2 in favour of one Jaya Rathnamma, in respect of Flat No.201.
Ex.B7 P/c of Statement of encumbrance in respect of Flats of O.Ps firm.
Ex.B8 P/c of Partnership Agreement dated 22.07.2013 executed between O.P No.2 and other partners.
MEMBER PRESIDENT (FAC)
Copy to :
- Sri G. Trivikram Singh, Advocate for complainant.
- Sri P.V. Ramana Reddy, Advocate for opposite parties.
B.V.P.
