D.BALAKRISHNAN Vs. MANAGING DIRECTOR
LAWS(TNCDRC)-2008-9-3
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on September 26,2008

Appellant
VERSUS
Respondents

JUDGEMENT

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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