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D.APPA RAO, M.SHREESHA, R.LAKSHMINARASIMHA RAO
A. DEVA RAJ – Appellant
Versus
JANA HARSHA ESTATES `N` CONSTRUCTIONS LTD. – Respondent


Advocates Appeared:
Mr. N. Vinesh Raj, Advocate, for the Appellant; Mr. N.S.V. Nageswara Rao, Advocate, for the Respondent

ORDER

R. Lakshminarasimha Rao, Member - The unsuccessful complainant is the appellant. The District Forum has dismissed the complaint as barred by limitation.

2. The appellant joined as a member in Dream City-II Garden Unit Scheme floated by the respondent company. The respondent allotted four plots each measuring 120 sq.yards for a consideration of Rs. 36,000 for each plot payable in 50 monthly instalments vide allotment letter dated 29.6.2002. The appellant paid an amount of Rs. 99,920 and the balance amount of Rs. 44,080 was payable on 2.7.2005.

3. The appellant has contended that the executives of the respondent company used to collect the instalments at his residence and they had stopped collecting the amount from 2.7.2005. It is contended that the respondent company refused to receive the balance amount and execute the sale deed.

4. The respondent company resisted the claim on the premise of lack of jurisdiction of the District Forum as also the maintainability of the complaint on the limitation aspect. It is contended that the respondent company allotted four plots in favour of the appellant in the month of March 2002 and the appellant agreed to pay Rs. 580 per month besides Rs.

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