- (1.) THE complainant in C.O.P. No. 275/01 on the file of the District Consumer Disputes Redressal Forum, Madurai, is the appellant herein. The case of the complainant was as follows: (a) The opposite party allotted plot No. 3203 in M.I.G. at Anuppanadi, to the complai -nant - The total cost was fixed at Rs. 81,000. The complainant had to remit Rs. 32,400 towards advance and the balance of Rs. 48,600 to be paid with 12% interest within 10 years. The monthly instalment was fixed at Rs. 697. The complainant had regularly paid the monthly instalments. The entire amount had been paid. He made a request to the opposite party by letter dated 27.5.2001 to send the sale deed in order to get loan. The opposite party sent a letter requesting the complainant to pay a sum of Rs. 34,800. The complainant immediately approached the opposite party and sought details. Then the opposite party sent a letter dated 25.7.2001 requesting the complainant to pay Rs. 29,900 on or before 30.7.2001. As the entire amount had been paid by the complainant, the opposite party had no right to ask for a further payment towards cost of the plot. There was thus deficiency in service. In these circumstances, the complaint came to be filed seeking cancellation of the order dated 30.7.2001 of the opposite party, to pay Rs. 25,000 for mental agony and sufferings and Rs. 1,000 for cost.
(2.) THE opposite party filed a version contending inter alia as follows - The plot was provisionally allotted to the complainant on 6.2.2001. The tentative cost was fixed at Rs. 81,000. It was liable to change. The complainant after paying the monthly instalments requested the opposite party to issue No Objection Certificate and No Due Certificate. The working sheet for the calculation was prepared and the complainant was directed to pay Rs. 29,900 as per letter dated 25.7.2001. As per the allotment order and agreement the complainant was liable to pay the amount claimed by the opposite party. Unless the amount was paid, the complainant would not be entitled to have the sale deed executed.
(3.) BEFORE the District Forum, on the side of the complainant A1 to A7 were marked while on the side of the opposite party Exs. B1 to B4 were marked. The District Forum found that the complainant had paid initial deposit after two months from the date of the order. The interest for the belated payment came to Rs. 2,765. As per the statement, total demand was Rs. 1,44,261. Total collection was Rs. 1,16,071. So the balance as on 7/2001 was Rs. 29,900. As per the allotment order and agreement, the complainant was liable to pay the balance amount. So holding, the District Forum dismissed the complaint. It is as against that the present appeal has been filed.;