- (1.) THE opposite party is the appellant.
(2.) THE Respondent/Complainant was allotted one HIG II type house at Ganapathy NHS on 15.7.1991 for which he has paid in all Rs. 80,680, since the respondent/complainant on inspecting the house but not satisfied with the construction demanded for refund of money already paid as he was not responded for a long time after issuing legal notice filed a consumer complaint in which after an inquiry the District Forum allowed the complaint by directing the opposite party to refund the amount of Rs.80,680 with 9% interest and another sum of Rs. 10,000 as compensation and Rs. 1,000 as costs.
(3.) AGGRIEVED by the impugned order of the District Forum the appellant/' opposite party in this appeal contended that the complainant failed to take delivery of the allotment of the house for a long time of more than 5 years and when the refund was demanded, as per Board's standing orders and rules 10% of the total amount to be deducted from the amount repayable which was accordingly informed and since there was a balance of Rs.4,55,833 as on 30.7.2001 payable by the complainant at that time by cancelling the allotment it was informed and there was no deficiency on their part. The respondent/complainant even though was served notice by publication not turned up for the hearing and remained absent before this Commission. Hence on the basis of appellant's arguments and on perusal of the records this order being passed on merits.;