M. THANIKACHALAM J. - (1.) The opposite party, aggrieved by the order of the District Forum, have come to this commission, as appellant.
(2.) The complainant/ respondent, pursuant to the advertisement, appeared in the daily, offered to purchase the property in question, for a sum of Rs.13,50,000/- on 6.2.95. Accepting the offer a direction has been issued to deposit the balance 85% of the sale consideration, as per the tender condition. Thereafter, paying the said amount, possession was given on 10.5.95. But the opposite parties while handing over the building and the appurtenant land, did not handover the approved plan and layout scheme from the Town and Country Planning Department. Because of this inaction, the complainant was unable to mobilize fund, by offering this medicare centre, as collateral security. Therefore the complainant was unable to remit the balance amount in time, and in this way, he was directed to pay penal interest of Rs.34,380/-. By the belligerent conduct of the opposite parties, the complainant was unable to commence his service for 3 months. Later, they have offered additional area of 230.75 Sq.meter, for which the complainant was directed to pay a sum of Rs.1,03,979/-, which was paid in three instalments. Even after taking possession of the medical centre, the complainant was unable to run the centre continuously. Because of the inferior quality of materials, the building developed crack for which the complainant had spent Rs.1,27,800/- to make the building function and fit for use. Between November 1996 and June 1998, medicare centre had to be closed and the complainant was deprived of income. The western side of the fence was removed and the complainant had to spent Rs.50000/- to put up the fence, again which was removed by the opposite parties.
(3.) Though the complainant had paid full amount towards the cost of the building, and the vacant land, the opposite party, requested the complainant as per the letter dt.15.7.99, to pay a sum of Rs.93000/- as balance, which was later enhanced to Rs.3,83,540/- in the year 2002, for which no reason assigned. Under the guise, as if there is a balance, they are evading to execute the sale deed also. Because of delay in execution of the sale deed by the opposite party, the complainant will be asked to pay higher stamp duty and registration charges. For the past 7 years, the complainant had been put to unwanted financial strain and mental agony, which is to be compensated suitably. Hence, the petition is filed seeking a direction to execute sale deed, to give the building plan and site plan to reimburse the interest amount of Rs.34,380/-, to reimburse the repair charge of Rs.1,27,800, with interest to restore the fencing or to pay the cost of the same at Rs.50000/-, to pay a sum of Rs.1 lakh as compensation for deficiency in service, and to pay a sum of Rs.1 lakh as compensation for mental agony, worries suffered and loss of reputation of the complainant, for the past 7 years. Hence the complaint.;