State Consumer Disputes Redressal Commission
Dandu Aruna Reddy Visakhapatnam. vs S.V.L.Real Estates & Constructions ... on 25 March, 2013
BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD. FAIA.665/2013 in F.A.No.1113/2010 (C.C.No.181/2007, Dist. Forum-1, Visakhapatnam). Between: Dandu Aruna Reddy, W/o.Dandu Harinarayana Reddy, Aged 53 years, R/o.C/o.Chukka Anil Reddy, D.No.45-55-4/2, Abidnagar, Akkayyapalem, Visakhapatnam. . Petitioner/ Appellant And S.V.L.Real estates & Constructions Private Limited, rep. by its Managing Director, K.S.N.Chowdary, Rajkamal Apartment, GJ I , Opp. to Shanti Ashram, Pedawaltair, Visakhapatnam. Respondent/ Respondent Counsel for the Petitioner : Mr.A.Santhosh Kumar Counsel for the Respondent : - QUORUM: SMT.M.SHREESHA, HONBLE INCHARGE PRESIDENT, And SRI S.BHUJANGA RAO, HONBLE MEMBER.
MONDAY, THE TWENTY FIFTH DAY OF MARCH, TWO THOUSAND THIRTEEN .
Oral Order : (Per Sri S.Bhujanga Rao, Honble Member).
*** The petitioner/appellant filed this petition under Section 152 of C.P.C., praying to order to correct the plot number in para nos.18 and 19 of the order, passed in F.A.No.1113/2010 as 497 instead of 479. The petitioner gave her affidavit, in support of the petition stating inter alia that the above appeal F.A.No.1113/2010 was filed against the order dt.16.2.2010 passed by the District Forum, Visakhapatnam in C.C.No.181/2007. This Commission after comprehensive enquiry allowed the appeal by order dt.9.4.2012 by setting aside the order of the District Forum, Visakhapatnam and directed the opposite party to execute the Sale Deed conveying the property in question i.e. plot no.479 in favour of the complainant .
After receiving the free true copy, it is noticed that plot number is wrongly typed as 479 instead of 497, as such, it is just and necessary to effect the correction of plot number, which is wrongly typed as 479 instead of 497 in para nos.18 and 19 of the order dt.9.4.2012 in F.A.No.1113/2010, otherwise the petitioner will suffer irreparable loss.
Since the respondent/opposite party did not contest the appeal, we are of the view that no notice need be given to the respondent/opposite party in this petition.
Heard the petitioner counsel and perused the record.
Now the point for consideration is whether the plot number mentioned as 479 in para nos.18 and 19 can be corrected as 497 as prayed for by the petitioner?
It is the case of the complainant that she was allotted plot no.497 in S.V.L. Nagar-II to an extent of 300 sq. yards by the opposite party on payment of Rs.1000/-. The petitioner/appellant filed Consumer C0omplaint against the opposite party for execution of registered Sale Deed and for delivery of possession of plot no.497 in S.V.L.Nagar-II, Visakhapatnam. The opposite party resisted the complaint and on enquiry, the District Forum allowed the complaint directing the opposite party to refund Rs. 21,000/- to the complainant and in case of failure to pay the same, directed to pay interest at 9% p.a. from the date of the order, till the date of payment.
Aggrieved by the said order, the complainant preferred the above appeal and the above appeal was allowed, the impugned order was set aside and the complaint was allowed directing the opposite party to execute a sale deed conveying the property in question i.e. plot no.479.
As seen from order dt.9.4.2012 of this Commission made in F.A.No.1113/2010, the plot number is wrongly mentioned as 479 instead of 497 in para nos. 18 and 19 of the order. It is nothing, but a clerical mistake, which can be rectified, even under principles of natural justice. No prejudice will be caused to the opposite party by correcting the wrong plot number 479 into 497.
In view of the above facts and circumstances we are inclined to allow the application.
In the result the petition is allowed ordering correction of plot no.479 as 497 in para nos. 18 and 19 of the order made in the appeal. The office is directed to carryout correction of the plot number as mentioned above in the order, wherever necessary and give the amended copy to the petitioner/appellant.
INCHARGE PRESIDENT MEMBER Pm* Dt. 25.3.2013