JUDGEMENT
N.KANNADASAN, J. -
(1.) The above appeal is filed as against the order in E.P.No.110/1998 in
OP.No.232/96 of the District Forum, by the complainant / Decree Holder,
wherein serious objection is raised by him to the effect that before the
District Forum an allegation is made as against him to the effect that he
is a trouble shooter and claiming ownership over the vacant area and the
compensation of Rs.2000/- was paid to him in time.
(2.) On the basis of the above contentions raised by the appellant/
complainant, we have perused the order passed by the District Forum. The
order discloses that the Kurinji Flat Owners Association has made a
complaint, wherein an allegation is raised that the complainant is
claiming ownership over the vacant area nearer to his flat and he is a
trouble shooter. The District Forum has merely extracted the said
complaint given by the Association. It is to be seen that the dispute
between the Association and the complainant / appellant herein with
regard to claiming of ownership over the vacant area and other issues are
not germane to the issue before the District Forum. Even though the
District Forum has not given any finding in this regard, considering the
fact that this statement is recorded, which is not germane to the issue,
we are constrained to expunge the said portion of the order, wherein the
representation of the association is taken note of as if the complainant
as a trouble shooter. Accordingly we expunge the said portion.
(3.) As regards the other contentions raised by the complainant / appellant
is concerned that though he has received the amount of Rs.2000/-, the
said amount was not paid to him in time, it appears that the said amount
was paid by the respondent / Housing Board, in pursuance of the memo of
compromise, entered into between the Housing Board as well as the
Association of the flat owners of the Housing Board, wherein the
appellant is also one of the member. It is only under the said
circumstances, even though there appears to be delay on the part of the
housing board on making the payment, the association has not chosen to
raise any grievance, which consists of various members. Hence we do not
see any substance in the contentions raised by the complainant /
appellant that further action should be initiated against the respondent
for the belated payment.;
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