PUSHPAM Vs. CHAIRMAN TAMILNADU HOUSING BOARD

JUDGEMENT

(1.) The complainant, who succeeded partially, before the District Forum, has come to this commission by way of appeal, to have the full relief for execution of the sale deed.

(2.) The complainant / appellant was allotted HIG house No.413, by the 2nd opposite party, fixing the tentative cost, and accordingly possession was also handed over. Even at the time of taking possession, the house was an old one, and it had many repairs, such as cracks, pealing of paints, falling of plasters, damage to the doors, in view of the fact, substandard materials were used. Despite the request by the complainant, demanding repair of the building, till today opposite parties have not carried out the repairs, thereby compelling, the complainant to incur an expenses of RS.50000/- for carrying out the repair. The opposite parties insisted land escalation cost of Rs.79000/-, which they are not entitled. The complainant has paid a total cost of Rs.3,63,000/- as originally fixed, and therefore as such the opposite parties cannot demand any escalated cost, claiming so, not repairing the building, committed deficiency, and therefore the complainant is constrained to file the case for several reliefs, including compensation for mental agony, as well as seeking direction to register the sale deed.

(3.) The opposite parties, questioning the jurisdiction of the consumer forum, resisted the case interalia contending, that the pricing policy of the house and land cannot be a consumer dispute, that as per the allotment order, the building was handed over to the allottee, in good condition and she has also taken taken possession, without any murmur, that in order to avoid the revised cost, with ulterior motive, the complaint came to be filed, that without the payment, the complainant is not entitled to get the sale deed, and that since they have not committed any deficiency in service, no question of paying compensation or granting any relief, thereby praying for the dismissal of the complaint.