- (1.) THE complainant s case is as follows : The complainant applied for registration for allotment of a house site to the 1st opposite party and he was allotted Plot No. 1107. The site was also handed over to the complainant. The complainant was directed by the 1st opposite party to obtain a "No Objection Certificate" after depositing the arrears and necessary fees for extension of time to construct. The entire cost of the plot was paid and after this payment only, the house plot was delivered to him on 27.2.1980. Since the letter dated 23.9.1992 did not specify the amounts, the complaint wrote to the first opposite party to furnish him the correct figure. Thereafter a reminder was also sent. On 3.8.1993, the first opposite party directed the complainant to pay a sum of Rs. 2,700/ - towards expenses for amenities. The complainant sent a demand draft for Rs. 2,700/ -. After the same, the first opposite party issued No Objection Certificate. The complainant was directed to complete the construction before 8.10.1993 whereas the letter was received on 13.10.1993. The complainant visited the house site in Plot No. 1107 and found that the 2nd opposite party has already constructed a pucca building and was residing there. He was informed by the second opposite party that he has purchased the site. Thereupon the complainant made an oral representation to the first opposite party about the unlawful construction. The first opposite party promised and orally gave an undertaking to provide an alternate house site. The failure on the part of the first opposite party to allot a similar type of house site amounts to deficiency in service. Having once allotted the Plot No. 1107, the first opposite party has reallotted the same to the second opposite party. Therefore, in such circumstances, the complainant sent a legal notice. Instead of complying notice, the first opposite party sent a registered letter with a cheque for Rs. 2,700/ - without specifying any reasons. Therefore, the complaint is laid for a direction to the first opposite party to allot a similar plot in Phase I, N. 11, Scheme, Pudukottai and pay compensation of Rs. 10,000/ -.
(2.) THE first opposite party would submit thus : It is true that the complainant was allotted a house site bearing No. 1107 on 15.9.1979 on hire purchase basis. Since the instalments were not paid, the house site so allotted was cancelled after giving sufficient notice to the complainant and it was reallotted to one V. Muthuramalingam on 25.7.1983. The complainant later filed a Writ Petition in W.P. No. 955/1986 before the Hon ble High Court challenging the order of cancellation. The Writ Petition was dismissed on 29.7.1986. Hence, the complainant cannot ask for any allotment or base any claim upon the same. The complainant was aware that the allotment can be cancelled and the allottee who was given possession has constructed the house thereon. Since it was brought to the notice of the Government that several house allottees, who have taken possession of the plots have not even commenced the construction work even after a lapse of several years, the Government directed the Housing Board to issue final notice requiring them to obtain No Objection Certificate for construction within the period situplated therein. In keeping up with the instruction of the Government, the Housing Board had issued such a notice and inadvertently addressed the same to the complainant. But that would not give any right to the complainant to ask for any fresh allotment. The complainant, by paying Rs. 2,700/ - , made an attempt only to get a plot, which already stood cancelled. The issuance of a "No Objection Certificate"by mistake cannot confer any right to the complainant. There is no deficiency in service. The complainant has not suffered any loss or damage. Hence, the complaint deserves to be dismissed.
(3.) THE second opposite party pleaded as follows: This opposite party does not admit any of the allegations made in the complaint and they will not bind the second opposite party. The second opposite party is an unncessary party to the proceedings. The District Consumer Disputes Redressal Forum, Pudukottai accepted the complaint and directed the first opposite party to allot a new plot within a month or to pay compensation of Rs. 10,000/ - to the complainant cist costs of Rs. 2,000/ -.;