D.BALAKRISHNAN Vs. MANAGING DIRECTOR
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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N.KANNADASAN, J. -
(1.) The Appellant is the complainant and Respondent is the opposite party
before the District Forum.
(2.) The complainant has filed the complaint before District Forum under
the following circumstances:
The complainant was allotted a flat at Anna Nagar West Extension by order
of allotment dated 17.04.1986 under Ex.A1. The cost of the said flat was
Rs.71,600/-, which was paid by him by way of cheque to the opposite party
on 26.08.1986 under Ex.A4. Though the complainant has paid the amount,
immediately after the allotment he had made a request for change of
allotment and accordingly his request was conceded and another flat was
allotted at Thiruvanmiyur Extension Scheme, Chennai-41 by order dated
16.02.1987 under Ex.A5. The cost of the flat at Thiruvanmiyur Extension
is Rs.52,000/- which was fixed as tentative at the time of allotment.
According to the complainant, even though he has occupied the new flat as
earlier as in the year 1987 and in spite of the fact that he has paid
excess amount which was paid for allotment of flat at Anna Nagar Scheme,
the opposite party has refused to execute the Sale Deed and on other hand
demanded a sum of Rs.1,37,758/- towards balance cost. In the light of the
above fact, the complaint is filed alleging deficiency of service on the
part of the opposite party. The District Forum has dismissed the said
complaint against which the present Appeal is filed.
(3.) We have heard the Appellant/Party in Person and the Learned Counsel
for the Respondent/Opposite Party. Since the opposite party remained
exparte before the District Forum, this Commission permitted the opposite
party to file necessary statement of account and additional affidavit by
way clarification with regard to the various claims made by the
complainant. We have perused all the materials including the statement
indicating the cost of the flat and comparative cost of flat at
Thiruvanmiyur and Anna Nagar Extension.;
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