TAMIL NADU HOUSING BOARD Vs. K BALASUBRAMANIAN

JUDGEMENT

(1.) OPPOSITE party is the appellant.

(2.) COMPLAINANT filed a complaint against the opposite party claiming direction to hand over the original sale deed and in respect of the flat purchased and also to hold no amount is due by the complainant to the opposite party to pay Rs. 1,00,000 as damages with 12% interest and for costs.

(3.) COMPLAINANT being a Government servant was allotted a flat No. MIG 40 Vilva Nagar, TNHB Colony, Cuddalore -1. On4.7.1994 along with nine other allottees and by fixing the tentative cost of Rs. 1,59,705 paid by the complainant on 26.4.1996. The final cost was not fixed by the opposite party. Complainant paying the maintenance charges without default. The opposite party suddenly in a letter dated 28.10.2005 called for demanding Rs.49,808 as interest and maintenance charges and also stated it is A and B interest which was not known to the complainant. The demand was unfounded. Further when the complainant approached the opposite party they demanded Rs. 3,12,447 fixing final cost and balance of Rs.1,36,174 was still due payable. This also not correct. Hence complainant issued a notice on 14.7.2006 for which a reply was given on 7.8.2006 with the details of payment made and to be made for final cost should be the cost of the building interest cannot be part of cost rate claimed is only towards alleged interest and penal interest. No due is payable by the complainant and opposite party is bound to hand over sale deed. Hence the complainant has come forward to file the consumer complaint.