TAMIL NADU HOUSING BOARD Vs. T C JAGADEESAN

JUDGEMENT

(1.) WE are satisfied that the appeal has to be accepted. The complainant who was allotted an LIG building in the year 1974 and was handed over possession as early as in 1978, has chosen to come to this Court praying for certain reliefs in the year 1998 for which there is absolutely no possible or plausible explanation.

(2.) THE grievance of the complainant is that the final cost was not worked out within three years from the date of allotment and while so, he has been called upon to pay a sum of Rs.35,541/ - towards the cost of the house on 10.12.1977 and the complainant's request to issue sale deed for the property allotted to him was not heeded to and that he was asked to pay the difference in the cost before asking for execution of the sale deed. As we pointed out already, the application was made for allotment in 1973. The allotment order was passed in 1974. The complainant was informed of the cost of building in 1977 and the period of 15 years was fixed for paying the amount in monthly instalment at Rs.355/ -. The complainant executed the lease -cum -sale agreement on 8.1.1978 and the complainant was also handed over possession. When he asked for the execution of the sale deed, he was asked to pay a sum of Rs.35,541/ -. Therefore, the complaint has been filed to set aside the demand for additional cost and direct the opposite party to issue sale deed and pay exemplary costs.

(3.) THE lease -cum -agreement specially provides under Clause 15 that ". . . . . for the price as the Secretary of the lessor may at any time in his sole discretion fix, and at which time the Chairman of the lessor is entitled to consider details regarding development charges, cost of amenities, cost of building, etc. and whether the prize of the land acquired under the Land Acquisition Act together with suitable modifications thereto by the Local Laws has become final by a conclusive adjudication thereon by the concerned Tribunals and Courts. The final decision of the Chairman of the Tamil Nadu Housing Board of the lessor as to the final price so the property as determined under those inconclusive and binding on the lessee and the lessee agrees to purchase the property from the lessor at the said price on the terms and conditions hereinafter mentioned". Therefore, it is clear that there is a clear undertaking to pay the price as finally fixed by the Chairman of the Tamil Nadu Housing Board and what has been received from the complainant was only a tentative cost. Therefore, in such circumstances, the complainant cannot under guise of asking for execution of the sale deed, question pricing policy which he is actually attempting to do now. A reading of the complaint clearly shows that he is only challenging the liability to pay the sum of Rs.35,541/ -. He further states that the details of the final cost are not binding upon him. Thus, the complainant, in effect, challenges his liability to pay the sum as called upon by the opposite party. In view of the terms and conditions entered into between the parties, it is clear that the complainant cannot question the same. The remedy of the complainant, if at all, is only to approach the Civil Forum where alone the nature and the extent liability of the complainant to pay the amount as called for can be gone into. He cannot under the guise of asking for execution of sale deed indirectly, try to get over the demand made by the opposite party. The lease -cum -sale agreement provides powers to fix a tentative cost. The condition under Clauses 27/28 provides that "on the lessee praying be rents, purchase price all incidental charges to the incurred for any conveyance of the property and other amounts payable by the lessee under this indenture and on the lessee duly performing the terms and conditions of this agreement and on such payments and performance only, and after the expiry of five years from the date of handing over possession of the property, the lessor shall sell and convey the property by a registered deed of conveyance to the lessee provided, however, that if the lessee pays the entire consideration and cost of the property prior to the expiry of five years as above mentioned, the lessee shall yet be liable to pay to the lessor a nominal monthly rent of fifty naye paise until the expiry of five years from the date of handing over possession of the property to the lessee and until execution of the conveyance deed by the lessor".