IMPORTANT POINT
Developer cannot accuse purchaser of default when he himself is deficient in service.

M. Shreesha, Member—These appeals are disposed of by a common order since the facts are identical in both the cases.

F.A. No.1592/2007:

2. Aggrieved by the order in C.C.No.464/2006 on the file of District Forum-I, Hyderabad, opposite party preferred this appeal.

3. The brief facts as stated in the complaint are that the complainant purchased a plot from opposite party admeasuring 200 squares yards in the venture of Sai Lakshmi II situated at Nanakramguda village, Serilingampally Mandal, R.R. District in the year 2000 for a consideration amount of Rs.1,700 per sq. yd. and the sale consideration amount is payable in 40 instalments. The opposite party issued a pass book bearing No. 186 and the complainant paid 18 monthly instalments amounting to Rs.2,07,500 from 3.6.2000 to 6.11.04. The complainant submitted that he insisted the opposite party to produce the documents of title and layout and in November, 2004 insisted to allot a particular plot so that he will pay the entire balance sale consideration but on 15.11.2005 the opposite party issued a notice stating that the complainant defaulted in making payments as per the terms and conditions vide Clause No.19/20. The complainant that he paid 60% of the total sale consideration amount but the opposite party has not produced the documents of title and has not developed the land into plots and therefore he got issued a legal notice on 24.2.2006 calling upon the opposite party to produce the title deeds, layout and plot number for which the opposite party issued a reply dated 11.5.2006 stating that the complainant after satisfying himself with regard to the title and proposed layout had joined as a member. It is the case of the complainant that in view of rise in price of plots, the opposite party set up a false plea i.e. in view of policy of Government and after collecting an amount of Rs.2,07,500 cannot refund the money. Hence the complaint for a direction to the opposite party to allot the plot and to execute and register the sale deed in favour of the complainant by receiving the balance amount together with Rs.10,000 towards mental agony and costs.

4. Opposite party filed written version admitting that the complainant joined as Member in Sri Lakshmi-II venture started by it and agreed to abide by the terms and conditions. The cost of the plot is Rs.1,700 per sq. yd. for 200 sq. yds. as per Clause 4C of the application form and a pass book was issued to the complainant bearing No.186. It admitted that the complainant paid an amount of Rs.2,07,500 from 3.6.2000 to 6.11.2004 and the cost of the plot is Rs.3,40,000 and apart from that the complainant has to pay the development charges, registration charges, etc. It contended that the complainant has not paid the monthly instalments regularly and never insisted it to produce the documents of title, layout and submitted that at the time of launching the venture, the site fell under HUDA jurisdiction and later the Government changed the policy and Nanakramguda village centre under the Cyberabad zone and Cyberabad zone authorities have not sanctioned the layout for 200 sq. yds. of plot due to sudden change of the policy by the Government and therefore it stated that there is no unfair trade practice and prayed for dismissal of the complaint.

5. Based on the evidence adduced i.e. Exs. A1 to A4 and the pleadings put forward, the District Forum allowed the complaint directing the opposite party to register the plot in favour of the complainant and further directed the complainant to pay the balance sale consideration and developmental charges. It further directed the opposite party to pay Rs.5,000 towards mental agony and costs of Rs.1,000.

6. Aggrieved by the said order, the opposite party preferred this appeal.

7. It is the case of the complainant that he joined the scheme floated by the opposite party to purchase a plot admeasuring 200 sq. yds. for a consideration of Rs.1,700 per sq. yd. payable in 40 monthly instalments in Sai La