M.THANIKACHALAM J. - (1.) The complainant, challenges the order of the District Forum, in CC No.2/2007, on the file of District Forum, Coimbatore dt.29.4.2008, since her claim was not accepted, by the District Forum.
(2.) The opposite party offered to allot a shop in Salivan Street, Coimbatore, on license, upon application by the complainant, and accordingly, allotted a shop bearing No.1, on 12.6.2003, fixing the license fee of Rs.9000/- per month, but the complainant has not been handed over possession, even after allotment, as well as payment, despite the further fact one year license fee, as requested by the opposite party, was paid, calling upon the opposite party to handover the key of the shop. When a claim was made, by way of reminder, it was incorrectly informed, as if possession was handed over. The opposite party, breaking open the lock, allowing the complainant to lay the tiles, for interior decoration, then locked, refusing possession, which should be construed as unfair trade practice, as well as negligent act, which had caused mental agony, hence the complainant is entitled to the refund of a sum of Rs.1,43,000/-, alongwith interest, in addition to the expenses incurred for laying the tiles, alongwith compensation of Rs.50000/-. Hence the complaint.
(3.) The opposite party, admitting the auction conducted by them, in which a shop was allotted to the complainant, as well payment of caution deposit, including payment of one year license fee, resisted the case, contending that as per the conditions available in the allotment order, the allottee/ complainant, has to take possession, within 7 days, failing which it shall be construed, that the allottee had taken possession of the property, that even as per the averments in the complaint, possession was given, thereby enabling the complainant to lay tiles, as interior decoration, that after taking possession, in order to avoid payment of the license fee, the complainant pleads as if possession was not handed over, which is endorsed by the engineer also, that the complaint itself is not maintainable, thereby praying for the dismissal of the complaint.;