LAWS(NCD)-2004-4-217

TAMIL NADU HOUSING BOARD Vs. KO THIRUGNANA SELVAM

Decided On April 08, 2004
TAMIL NADU HOUSING BOARD Appellant
V/S
Ko Thirugnana Selvam Respondents

JUDGEMENT

(1.) The opposite parties are the appellants. The 1st complainant's case is that the opposite parties issued advertisement stating that a house will be offered for sale and those who are desirous of applying can send Rs.20/- by post order and obtain the necessary application. The complainant who was anxious to have an own house applied for allotment of a house and sent a sum of Rs.1,500/- accordingly. The sum of Rs.1,500/- was sent towards registration fee. But the opposite parties have not taken any steps at all and there was also no response to the letter sent by the 1st complainant. Thus the hopes of the 1st complainant were dashed into pieces. The 1st complainant, therefore, has laid the complaint seeking the return of Rs.1,500/- as interest at 18% and a sum of Rs.1,50,000/- as compensation.

(2.) The opposite parties contended as follows: It is true that the applications were called for Chidambaram area with a view to assess the demand from the public and also to take necessary steps for acquiring land in suitable places. A number of applications were received. The others who were unwilling to get the allotment asked for refund of deposit and they were refunded. There is no decision to drop the scheme. It is due to the administrative delay, the progress could not be made. The allotments are made only through lot system. The complainant can apply for the refund of deposit which may be refunded with interest and the cost of application will also be paid to him. The process of acquiring land is going on. There is no question of mental agony alleged in this case.

(3.) The lower Forum accepted the complaint and directed the opposite parties to refund the sum of Rs.1,500/- and the application fee of Rs.20/- with you interest at 18% and further directed the opposite parties to pay compensation of Rs.20,000/- and a sum of Rs.5,000/- towards mental agony with cost of Rs.500/-. Hence, this appeal.