A.K.ANNAMALAI, J - (1.) The details of complaint in brief as follows : The complainant for the purpose of residential use of his officers applied for the purchase of 21 flats at SAF Games Village, Chennai from the opposite parties. There was firm allotment for 19 flats only in B and C blocks for which complainant has paid the entire cost of Rs.2,44,05,420/- on 17.2.98 and Rs.2,57,79,870/- on 13.3.98. In respect of No.A2/11 and 12 as the Government order to be issued from the release of discretionary quota and the same was allotted and on demand for entire amount of Rs.76,35,022/- as per the letter dated 13.7.98 and in which any other amount was not demanded or referred and the complainant paid the same on 17.7.98 itself and possession of the flats was also given there after. The complainant was never put on notice any further amount being due either towards interest or otherwise there is no allegation of any delay. After taking possession of the flats the opposite party has been perusing for the execution of sale deed from July 1998 and only in 2005 by letter dated 14.10.05 the opposite party further demanded a sum of Rs.11,61,272/- on the basis of the computer statement which was also not furnished and when applied for the same there was no response. Only after sending a notice for legal proceedings the opposite party informed that the demand was for interest from the date of allotment till date of payment. As soon as the demand made for cost of the flat on 13.7.98 the same was paid on 17.7.98 itself and no delay in such payment and in the letter no demand was raised for interest or alleged any delay on the part of the complainant and only the opposite party has been avoiding execution of sale deed and raised exorbitant and unsustainable demand after almost 10 years. Further a demand for Rs.11,61,272/- being made for 5 months interest due which is alleged to be the period of delay which is unreasonable amount to gross deficiency in service, the opposite parties liable to execute the sale deed and withdraw its demand for such interest. Hence the complainant come forward with this complaint for the reliefs as prayed for.
(2.) The opposite parties filed their version in common in which it is stated that the two flats No.A2/11 and 12 were allotted from the Government discretionary quota after passing the order by Government and a sum of Rs.38,17,511/- has been paid by the complainant for the cost of the flat as informed and the cost fixed initially was up to 31.3.98 only. The cost has to be capitalized from 4/98 to 7/98 since the opposite parties are paying interest to the finance corporation for the amount borrowed, and the difference in cost regarding the capitalization has to be paid by the complainant. The cost capitalized up to 31.3.98 was collected for flat No.A2/11 and 12. But the allotment order issued on 13.2.98 itself and as per the Board resolution dated 12.2.98 the cost was approved up to 31.3.98 for Rs.38,17,511/- for each flat for the letter received from complainant dated 7.9.06 the reply was sent on 18.9.06 and 12.2.07. Unless the cost for capitalization interest is paid sale deed cannot be executed. The complainant failed to add Government as necessary part, since the two flats allotted from discretionary quota. Hence the complaint deserves to be dismissed.
(3.) Both parties have filed their proof affidavit and documents Exhibit A1 to A9 on behalf of the complainant are filed and opposite parties side filed documents and marked as Exhibits B1 to B11.;