EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER TRICHY Vs. P.MANICKAM
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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(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
(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
(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
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