JUDGEMENT
A.K.ANNAMALAI J. -
(1.) The Appellant as complainant filed a complaint before the District Forum,
Krishnagiri, alleging deficiency against the opposite party to execute
sale deed in respect of House bearing No.MIG 198 at II-Phase, Tamil Nadu
New Housing Board at Krishnagiri, to pay compensation a sum of
Rs.50,000/- for causing mental agony and to pay Rs.2,000/- as costs of
the proceedings. The District Forum, dismissed the complaint against the
opposite party. Against the said order, this appeal is preferred by the
complainant, praying to set aside the order of the District Forum,
Krishnagiri, dated 29.02.08 in C.C.No.17/2007.
This appeal coming before us for hearing finally on 30.03.2011, upon
hearing the arguments of the counsel on both sides, and perused the
documents, written submissions as well as the order of the District
Forum, this Commission made the following order :-
The unsuccessful complainant is the appellant.
(2.) The complainant filed a complaint against the opposite party praying
for the direction to execute the sale deed in respect of the house
purchased from the opposite party without insisting for any further
payment and to pay a sum of Rs.50,000/- as compensation for mental agony
and Rs.2,000/- as cost.
(3.) The brief details of the complainant case as per the complaint is as
follows :- The complainant purchased a house from the opposite party
bearing No. MIG 198 (Neibourhood scheme II) through an allotment order
No.R3/6352/87, dated 28.1.89 for the tentative cost of Rs.1,20,000/- and
he has paid the entire cost including other demand made and the
occupation order dated 28.1.89 was issued and possession was given on
16.9.89 and no due certificate was issued on 24.9.1989, stating that the
full tentative cost of Rs.1,20,000/- was paid and he has paid the monthly
maintenance charges also. Subsequently a difference in land cost of
Rs.10,153/- and Rs.1,375/- in April 1995 with interest accrued
Rs.23,495/- in all Rs.33,648/- was also paid on 31.10.06 by the
complainant. On 29.09.06 when the complainant sought for details of the
cost and any balance to be paid as on 29.9.2006 no reply was given and a
legal notice was issued on 7.12.06 calling upon to execute the sale deed
and no reply was given by the opposite party and thereby the complaint
was filed.;
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