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2008 Supreme(AP) 200

C.V.NAGARJUNA REDDY
Saipriya Estates, Hyderabad – Appellant
Versus
V. V. L. Sujatha – Respondent


Advocates appeared:
Counsel for the petitioners: Sri S.R.Sanku.
Counsel for the respondents: B.Madhava Reddy

ORDER:

This Writ Petition is filed for a Writ of Prohibition to prohibit the District Consumer Disputes Redressal Forum-III, Hyderabad (for short "the District Forum") from entertaining C.C.No.1026 of 2007 and to direct the District Forum to refer the dispute for Arbitration under Clause 15 of the Development Agreement dated 21-7-2005.

2. The facts lie in a narrow compass. The petitioner and respondent No.1 entered into a Development Agreement on 21-7-2005, whereunder respondent No.1 handed over 700 Sq. yards of open land for construction of a residential complex to the petitioner. The petitioner and respondent No.1 agreed to share the constructed area in the ratio of 55:45 respectively. On the ground that the petitioner failed to carry out its part of contractual obligations under the said agreement, respondent No.1 approached the District Forum by filing C.C.No.1026 of 2007 under Section 12 of the Consumer Protection Act, 1986 (for short "the 1986 Act") seeking the following reliefs:

" (a) To direct the opposite party to hand over the possession of the completed share of 45% to the complainant as per the agreed specification of the development agreem




















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