M. THANIKACHALAM J. - (1.) The complainant is the appellant.
(2.) The complainant/appellant had deposited a sum of Rs.64,601/- with the second opposite party, as initial deposit and the first monthly installment for the allotment of MIG 86 at Seelavari Project on 14.02.1996. Despite the complainant approached the second opposite party several times, there was no reply, compelling the complainant to send a letter on 09.02.2004, which elicited a reply on 2.5.2004, as if, the entire scheme was handed over to the first opposite party. Thereafter, the complainant contacted the first opposite party and the first opposite party also failed to allot the plot as agreed, thereby committed clear deficiency in service and negligence, causing mental agony and discomfort to the complainant, for which, the complainant is entitled to a sum of Rs.1 lakh as compensation. Thus alleging deficiency, a consumer complaint was filed, seeking an order "to pay Rs.1,67,601/- with interest at 24% per annum" with other reliefs and not for allotment of the property.
(3.) The first opposite party admitting the payment and handing over of the scheme to the second opposite party, would contend that the complainant, who paid a sum of Rs.64,601/- has not submitted necessary application for allotment as well not participated in the lot auction, resulting the allotment of the plot to one S.Muthu, as per the proceedings dated 7.12.98 and that the claim of the complainant is barred by limitation, which is liable to be dismissed since they have not committed any deficiency in service.;