CHHATTISGARH GRIH NIRMAN MANDAL Vs. LAXMI KUMAR MISHRA

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the District Consumer Disputes Redressal Forum, Raipur (hereinafter referred to as the District Forum) in Complaint No. 66/2002 on 19.8.2002 directing the appellant/O.P. to register a sale deed in favour of the complainant within 2 months and also to pay Rs. 1,000/ - as compensation to the complainant.

(2.) THE gist of the complaint is that a plot No. Janta/776 in Slice No. 1 of Hirapur Tatibandh Colony of the appellant/O.P. was allotted to him on hire purchase basis of Rs. 5,000/ -. He has constructed a house on the said plot of land as per approved map and conditions and has repaid the amount of the cost of land and the loan @ Rs. 1,130/ - per year for 20 years. It is contended that Rs. 2,333/ -, Rs. 4,600/ - and Rs. 18,000/ - have been paid on 3 dates. But the sale deed has not been executed in favour of the complainant despite legal notice dated 20.7.2001. Since the notice also went unreplied the complaint was filed before the District Forum. Copy of the legal notice and affidavit has been filed with the complaint in support.

(3.) APPELLANT in reply has stated that the complainant has not repaid the amount of loan obtained and an amount of Rs. 21,838/ - is outstanding. In addition an amount of Rs. 6,000/ - as fine for non -construction as per terms of the leases is also payable by the complainant. It is also contended that the instalment of the loan amount was Rs. 1,130/ - for the plot of land and Rs. 775/ - housing loan per year. Thus despite adjusting the amounts paid on 3 different dates the total amount due has remained unpaid.