EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER TRICHY Vs. P.MANICKAM
LAWS(TNCDRC)-2008-4-25
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 02,2008

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) The Opposite party in COP No.115/2002 on the file of the District Consumer Disputes Redressal Forum, Trichy, is the appellant herein. The complainant was allotted a house by the opposite party on 23/6/1999. A Lease-cum-Sale agreement was entered into between the parties on 28/6/99. The complainant paid Rs.11,655/- as advance interest. A and B certificate was issued to the complainant to avail housing loan. He paid the entire sum of Rs.3,30,269/- on 10/11/2000. Even before such payment, according to the opposite party, he called upon the complainant to take over the house on 10/8/99 itself. But the complainant refused to take over the house on 10/8/99 due to the reason that there were defects in the house. The complainant actually took delivery of the house only on 18/4/2002 after the alleged defects were rectified. The complainant went before the District Forum calling for a direction to the opposite party to rectify all the defects and hand over the house allotted to him or alternatively repay the amount paid by him with interest at 24% p.a. from the date of payment till realisation, refund the interest collected in a sum of Rs.18,271/-, return the bond executed by him and pay damages in a sum of Rs.50,000/-.
(2.) Before the District Forum, on the side of the complainant, Exs.A-1 to A-23 were marked while on the side of the opposite party Exs.B-1 to B3 were marked.
(3.) The District Forum held that the complainant had paid the entire consideration on 10/1/2000 itself but he was able to take possession of the house only on 18/4/2002 and in such circumstances he was entitled to 6% interest on the sum paid by him viz., Rs.3,30,269/- from 10/11/2000 till the date of taking possession of the house viz., 18/4/2002 together with Rs.500/- as costs. It is as against that the present appeal has been filed.;


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