M.THANIKACHALAM, J. - (1.) The opposite party is the appellants.
(2.) The complainant was allotted an MIG 146 house, at Anayur Sect III, by the opposite party, fixing the tentative cost at Rs.3,17,250/-, which is to be paid, spread over 13 years @ Rs.3394/- p.m, with interest at17.75%. The complainant had paid a total sum of Rs.3,61,098/- as on 3.11.98, and actual possession was given only on 16.11.98. Therefore, the opposite parties have collected excess sum of Rs.43,848/-, as on 16.11.98.
(3.) As per the rules and regulations of the opposite party, if the entire cost has been collected, from the allottee, before completing construction, for the collected amount, the board shall pay 8% interest, which was also not paid, thereby the opposite party had committed unfair trade practice, causing mental agony and monetary loss to the allottee/ complainant. On the date of taking the possession on 16.11.98 itself, upon verification, the complainant had found many defects, and his request to rectify the same, ended in vain. Therefore, in order to rectify the defects, the complainant had spent a sum of Rs.25000/-. When the opposite party is liable to pay the amounts to the complainant, and having caused deficiency in service, they have issued a demand notice, calling upon the complainant to pay a sum of Rs.81,360/-, when the complainant insisted for sale deed, which should be construed as deficiency in service. Thus for the negligent act, and deficiency committed by the opposite parties, the complainant is entitled to a direction to execute sale deed, without demanding any amount, cancelling the demand order, in addition to other reliefs as enumerated in paragraph 15 of the complaint.;