TAMIL NADU HOUSING BOARD Vs. N VENKATESAN

JUDGEMENT

(1.) THE opposite party is the appellant.

(2.) THE Respondent/Complainant was allotted one HIG II type house at Ganapathy NHS on 15.7.1991 for which he has paid in all Rs. 80,680, since the respondent/complainant on inspecting the house but not satisfied with the construction demanded for refund of money already paid as he was not responded for a long time after issuing legal notice filed a consumer complaint in which after an inquiry the District Forum allowed the complaint by directing the opposite party to refund the amount of Rs.80,680 with 9% interest and another sum of Rs. 10,000 as compensation and Rs. 1,000 as costs.

(3.) AGGRIEVED by the impugned order of the District Forum the appellant/' opposite party in this appeal contended that the complainant failed to take delivery of the allotment of the house for a long time of more than 5 years and when the refund was demanded, as per Board's standing orders and rules 10% of the total amount to be deducted from the amount repayable which was accordingly informed and since there was a balance of Rs.4,55,833 as on 30.7.2001 payable by the complainant at that time by cancelling the allotment it was informed and there was no deficiency on their part.