MAKKHAN SINGH Vs. C G HOUSING BOARD

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 25th September, 2002 in Complaint No.334/2000 by District Consumer Disputes Redressal Forum, Durg (hereinafter called the 'distt. Forum' for short), dismissing the appellant's complaint.

(2.) The facts not in dispute are that the respondent/housing Board had developed a housing colony at Vaishali Nagar, Supela, Bhilai. The complainant/appellant applied for allotment of a house in the said colony. In pursuance of his application, House No. MIG 74 was allotted to him by respondent No.1. It is also not in dispute that the complainant deposited Rs.25,768-32 ps. with the respondent/housing Board towards the price of the said house. The complainant was given possession of the said house on 31.3.1978 and an agreement was executed. It is also not in dispute that as mentioned in respondent's letter dated 8.4.1977 the house allotted had a plot area of 4,605 sq. ft.

(3.) The averments in the complaint stated in brief are that the plot of the said house was not rectangular and was of trapezium shape. It was also averred that the opposite party/respondent had intimated the complainant/appellant that he will have to take the remaining plot, adjoining the rectangular plot allotted to the complainant. The complainant signified his ascent to the above proposal of respondent. However, according to the complainant, despite his efforts, the respondent did not allot remaining portion of the plot. The complainant averred that the total area of the plot of trapezium shape was 6084.62 sq. ft. including the adjoining triangular. It was averred by the complainant that though he requested the respondent to execute the registered sale deed for the whole of the said plot but they have not done so despite repeated and persistent efforts of the complainant. Hence, the complainant prayed that the respondents be directed to execute the sale deed of house No. MIG 74, Vaishali Nagar, Supela, Bhilai allotted to him comprising plot admeasuring 6084.62 sq. ft. He also claimed that compensation of Rs.25,000/- on account of mental torture be also awarded to him.