Date of filing: 14.06.2017 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. 41 / 2017
Vadla Sankaraiah, S/o V. Balaiah, aged 47 years,
R/at D.No. 7/992, Besides Sivalayam,
M.J. Kunta, 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. 504 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 un divided share of land with semi finished flat bearing No. 504. 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 of undivided share of land with semi finished dt. 27.8.9.2014 in favour of complainant. As per agreement to the complainant and they have to register the flat No. 504 in his favour. After completion till this date opposite parties are failed to give possession and registration of flat No. 504 in JSR apartment in favour of the complainant. 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. 504 situated in third floor measuring 1150 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. 509.
North : Open to sky
South : Open to sky
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 by paying Rs. 20,00,000 to O.P.2 and O.P.2 executed an agreement of sale of un divided share of land with semi finished flat bearing No. 504 with specific terms and conditions are all false. There was dispute between the O.P.2 and other partners at the time of relinquishment and releasing rights by other partners. There was no whisper O.P.3 in the agreement of sale. The possession in respect of 504 delivered in favour of the complainant by O.P.2 . As per terms and conditions of the agreement of sale the comp0laiannat is liable to pay amount which duly spent flat No. 504 by O.P.1, he did not paid the amount. There was an allegation that the opposite parties are liable to construct the apartment and are bound to handover the possession of B schedule flat No. 504 by the end of 12 months is false. The complainant had not paid the expenses to the opposite parties. The flat was sold to one singireddy Ramathulasamma with registered doc. No. 1332/2017 the opposite parties are delivered the possession in favour of S. Ramathulasamma. There were disputes between the complainant and other partners and O.P.2. The complaint may be dismissed as non joinder of necessary party to the complaint and there was no negligence and deficiency in service on the part of the opposite parties and 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 B9 are marked.
5. From the above averments the following points are settled for determination:
- Whether the complainant is eligible for compensation as prayed by him 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 documents on record. As per Ex. A1 is unregistered agreement of sale between the complainant and O.P.2. Ex. B1 is a registered sale deed agreement of sale in between one Rama Thulasamma and O.P.1 and 2. It is very clear that the complainant entered into an unregistered agreement of sale. There was no registration to the complainant by the opposite parties at the same time the flat is registered in favour of one Rama Thulasamma under Ex. B1. Ex. A2 clearly proves that the complainant lodged a complaint against O.P.2 in RIMS police station in FIR 45/2018 and on the same charge sheet also framed under Ex. A3. Ex. B9 clearly shows that the complainant approached Principal Senior Civil Judge court and filed a Civil Suit in O.S. No. 301/2017 against the opposite 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 encumbrance on the property. Ex. B8 relates to land only but not flats. 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. As seen from the complaint and written version and evidence on record it is very clear that there is both criminal and civil litigation and to get the releifs by the complainant. There must be lot of evidence to prove the civil litigation. Here, this is not a correct Forum to file the civil litigation. So the complainant is directed to go to Civil Court of law for proper adjudication.
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.27.8.2014 of un-divided share of land with semi-finished flat party executed by the opposite party no.2 in the capacity of Managing Partner in favour of the complainant.
Ex.A2 P/Copy of FIR No.45/2018 of RIMS P.S., Kadapa against the O.P.2No.2.
Ex.A3 P/Copy of Charge Sheet of RIMS P.S., Kadapa against the O.P.2
Exhibits marked on behalf of the Opposite parties :
Ex.B1 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.B2 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.B3 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.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 copy of 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.B6 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.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.
Ex.B9 P/c of plaint in O.S. No.301/2017 on the file of Principal Senior Civil
Judge, Kadapa filed by V.Sankaraiah.
MEMBER PRESIDENT (FAC)
Copy to :
- Sri G. Trivikram Singh, Advocate for complainant.
- Sri P.V. Ramana Reddy, Advocate for opposite parties.
B.V.P.
