M. THANIKACHALAM J. - (1.) The opposite party is the appellant.
(2.) The opposite party/appellant, provisionally allotted a house to the complainant, who was employed in Indian Air Force, at his request, fixing the cost of the house at Rs.1,67,500/-, requesting to pay initial deposit of Rs.51,700/-. The father of the complainant since belonged to Adidravida community, sought exemption, whereas the complainant sought for change of allotment of house. On the basis of the assurance given, deposit was made, but the opposite party neither accepted the requisition for change of house, nor given the concession, though he belongs to scheduled community.
(3.) The complainant aggrieved by the conduct of the opposite party, wrote a letter, canceling the booking, seeking refund, but he has received only a sum of Rs.42,445/-, though he had paid a sum of Rs.51,700/-, which is illegal. The opposite party by their act, had not only committed deficiency, but also committed negligence, causing mental agony to the complainant/consumer, and therefore, he was constrained to file this case, seeking refund ofRs.8375/-, with interest, compensation of Rs.10000/-, and for a further sum of Rs.15000/- for mental agony.;