K.Sampath, President (Open Court) - (1.) THE opposite party in C.O.P. No. 41/98 on the file of the District Consumer Disputes Redressal Forum, Krishnagiri, is the appellant herein. The case of the complainant was as follows : He was alloted house in Plot No. 848 LIG as per the allottment order dated 5.5.1994. He was also informed in June 1994 that the house would be handed over to him after obtaining E.B. service connection. On the basis of the allotment order, the complainant's employer, Superintending Engineer, TNEB, DEDC, sanctioned a sum of Rs. 98,000 for the purpose of the said house in his office proceedings dated 6.12.1996. The opposite party by letter dated 1.4.1997 also confirmed that the house would be handed over after payment of the fee cost. On the basis of the said letter, the complainant's employer paid a sum of Rs. 88,700 to the opposite party. But the house was not delivered. To the notice sent on behalf of the complainant, a reply was sent by the opposite party on 9.12.1997 stating that only house in Plot No. 850 was allotted to the complainant and not house in Plot No. 848 and that house No. 850 was ready for occupation since July 1997 and as such the complainant had to pay interest from July 1997 and take possession of house in Plot No. 850.
(2.) THE case of the opposite party was that for the purpose of getting loan from the complainant's employer, the allotment was given as if house in Plot No. 848 had been earmarked for the complainant. But actually, it was only house in Plot No. 850 which was allotted to him. The still in force certificate itself had been issued on the specific understanding that the complainant would be allotted house in Plot No. 850 and not house in Plot No. 848. There was no deficiency in service.
(3.) BEFORE the District Forum, on the side of the complainant, Exs. A1 to A16 were marked while on the side of the opposite party Exs. B1 and B2 were marked. The District Forum accepted the case of the complainant and held that there was no proof of allotment of house in Plot No. 850 by the opposite party to the complainant instead of house in Plot No. 848. So holding, by order dated 24.8.2000, the District Forum directed the opposite party to deliver the house in plot No. 850 without claiming interest, if the complainant was ready to accept the house or in the alternative the opposite party had to refund the entire amount paid by the complainant with interest at 12% p.a. from 28.8.1997. The District Forum further directed the opposite party to pay Rs. 10,000 as compensation for mental agony and Rs. 500 as costs. It is as against that the present appeal has been filed.;