K V PADMANABHAN Vs. CALICUT DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner was the complainant before the District Forum, where he had filed a complaint alleging deficiency in service on the part of the respondent/opposite party, Calicut Development Authority (hereinafter referred to as CDA).

(2.) Very briefly the facts leading to filing the case were that undisputedly, the complainant in response to an advertisement by the respondent applied for allotment of a plot under 'Jawahar Nagar Housing Scheme' in Kozhikode City Corporation and had deposited earnest money. Allotment letter was issued on 5.4.1989 through which, the complainant was directed to remit Rs. 20,000 which was done on 19.5.1989 upon which an agreement was entered between the parties on 7.5.1989. The petitioner requested the respondent that he wants to make the lump sum payment of the balance amount which was agreed to and the petitioner paid the total amount on 13.9.1994, after which, with a view to get the loan from LIC, he applied to the petitioners for executing the sale-deed, which was not done and on the contrary the petitioner was directed to sign an 'additional agreement' thus enabling the complainant to charge additional price on account of some additional amount paid to the original land holders. It is in these circumstances that the complainant filed a complaint before the District Forum, who after hearing the parties directed the respondent to execute the sale-deed with respect to allotted plot in favour of the petitioner along with compensation of Rs. 1,000 and Rs. 500 as costs. Aggrieved by this order, the respondent filed an appeal before the State Commission, who after hearing the parties allowed the appeal and set aside the order passed by the District Forum. Hence this revision petition has been filed before us.

(3.) It is pertinent to mention that this Commission passed the order dated 16.5.2005 in following terms :