EXECUTIVE ENGINEER & ADMINISTRATIVE OFFICER Vs. MATHIYALAGAN

JUDGEMENT

(1.) THE Executive Engineer & Administrative Officer, Tamil Nadu Housing Board, Tiruchirapalli, is the appellant. The complainant filed the complaint before the District Forum, Tiruchirapalli stating that he applied to the opposite party for allotment of a house. The complainant paid a sum of Rs. 19,000/ - towards the cost of the allotted house as advance and the balance amount was to be paid by way of monthly instalments by the complainant's employer. The petitioner has been residing in the said house for about five years and then he shifted to a rented house. The building developed cracks all over. Hence, the complainant wrote several letters to the Housing Board. But there was no response. The complainant sent a notice dated 6.1.1998 through his lawyer calling upon the opposite party to effect the repair works. Instead of repairing the defect, a reply was sent to the complainant requiring him to pay maintenance charges of Rs. 7,560/ - and further stating that if the amount is not paid within a week, the allotment would be cancelled. The complainant has been paying the maintenance charges regularly. In spite of the notice and reminders, the opposite party has failed to carry out the repairs and on the other hand threatened to cancel the allotment. Therefore the complainant prayed for a direction to the opposite party to carry out the repairs and for award of costs.

(2.) IN the version filed by the opposite party it was urged that the complainant was allotted a house in Phase I HC 574. The construction of the house was made satisfying all the requirements. The complainant took possession in 1987. After nearly a period of 11 years he has chosen to come forward with this complaint. The complaint is made with a view to make unlawful gain. The opposite party has already sent a letter dated 29.12.1997 stating that the maintenance charges due had accumulated over the years and has gone up to Rs. 7,560/ -. The complainant cannot refuse to pay the same. The maintenance of the house has been entrusted to the Navalpattu Panchayat. Till date a sum of Rs. 7,650/ - is due and payable by the complainant to the opposite party.

(3.) THE District Forum, Trichy before which the matter came up directed the opposite party to carry out the repairs within two months and pay a sum of Rs. 500/ - as costs. Hence, the present appeal.