- (1.) OPPOSITE party is the appellant.
(2.) COMPLAINANT filed a complaint against the opposite party claiming direction to hand over the original sale deed and in respect of the flat purchased and also to hold no amount is due by the complainant to the opposite party to pay Rs. 1,00,000 as damages with 12% interest and for costs.
(3.) COMPLAINANT being a Government servant was allotted a flat No. MIG 40 Vilva Nagar, TNHB Colony, Cuddalore -1. On4.7.1994 along with nine other allottees and by fixing the tentative cost of Rs. 1,59,705 paid by the complainant on 26.4.1996. The final cost was not fixed by the opposite party. Complainant paying the maintenance charges without default. The opposite party suddenly in a letter dated 28.10.2005 called for demanding Rs.49,808 as interest and maintenance charges and also stated it is A and B interest which was not known to the complainant. The demand was unfounded. Further when the complainant approached the opposite party they demanded Rs. 3,12,447 fixing final cost and balance of Rs.1,36,174 was still due payable. This also not correct. Hence complainant issued a notice on 14.7.2006 for which a reply was given on 7.8.2006 with the details of payment made and to be made for final cost should be the cost of the building interest cannot be part of cost rate claimed is only towards alleged interest and penal interest. No due is payable by the complainant and opposite party is bound to hand over sale deed. Hence the complainant has come forward to file the consumer complaint. Opposite party denied the allegations of the complainant in their written version and contended the house was allotted with the tentative cost of Rs. 1,59,705 and being the Government servant necessary A and B certificate was given for obtaining housing loan from the District Collector and along with the interest and maintenance charges to be paid every month within 10th day of every month and if the default is there 16% penal interest would be collected and thereby on the basis of tentative cost temporary no due certificates were issued to the other allottees and the complainant has to pay a sum of Rs. 3,12,447 under interest, capitalization of interest, default interest for excess payment towards the excess land and interest for the same and maintaining charge and in all for Rs. 3,12,447 the complainant has paid only Rs. 1,76,273. A reply was given for the notice received and demanded the complainant to get temporary 'no due certificate' as on 28.3.2006 by paying the balance of Rs. 1,36,174 with 16% interest till date of payment, thereby no deficiency in service on the part of the opposite party and the complaint to be dismissed.;