JUDGEMENT
M.THANIKACHALAM J. -
(1.) The opposite parties, in COP.162/200 on the file of District Consumer
Disptues Redressal Forum, Thanjavur, having suffered an adverse order,
challenges the same before this Commission, as appellants.
(2.) The complainant/respondent approached the District Forum, Thanjavur,
seeking direction against the opposite parties/appellants to execute the
sale deed in respect of LIG House No.339 as well for the compensation of
Rs.10,000/- alleging interalia that despite he had paid the original cost
as well as the enhanced cost for the property, they have failed to hand
over the sale deed, in spite of number of representation and issuance of
notice whereas they have claimed after 18 years, an additional sum of
Rs.34,436/- which they are not entitled to claim and this view they have
committed deficiency in service and therefore should be directed to hand
over the sale deed as well for compensation as claimed.
(3.) The opposite parties, in their Written Version, admitting the
allotment of the house in favour of the complainant, as well the entire
costs paid by him inter alia, would contend that the cost fixed, amount
collected, are only tentative costs, that the owners of the lands
acquired claiming additional compensation has not only filed LAOPs, but
also filed original suit which were allowed, that pursuant to the same,
final cost for the acquired land including land allotted to the
complainant was fixed, adding improvement cost and on that basis a
direction has been given to the complainant, through communications,
reminding him also to pay a sum of Rs.34,436/- on or before 30.06.99, for
which, there was no compliance and in this view accusing the opposite
parties, as if they have committed deficiency in service, warranting
direction and compensation are untenable, thereby, prayed for the
dismissal of the complaint.;
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