TAMIL NADU HOUSING BOARD Vs. A V RAMAKRISHNAN

JUDGEMENT

(1.) THIS is an appeal against the order dated May 5, 1992 passed by the State Consumer Disputes Redressal Commission, Tamil Nadu at Madras in O.P. No. 61 of 1992 by which the complaint filed by the present respondent, A.V. Ramakrishn an against the present petitioners, Tamil Nadu Housing Board and its Executive Engineer was allowed and the Opposite Parties were directed to allot plot No. 1080-A in K.K. Nagar to the Complainant.

(2.) THE facts as appear from the records are that the Complainant who is a government servant applied to the Tamil Nadu Housing Board (for short the Board) for allotment of a HIG Plot in the Velachery Scheme on 6th November, 1991. He paid Rs. 20 towards cost of application form and Rs. 100/- towards registration fee. The draw was held on 31st January, 1992. The Complainant found that his name was not included in the list of names prepared for the draw. The Complainant wrote to the Opposite Parties but did not receive any reply. Thereafter he filed the complaint charging the Opposite Parties with deficiency in service for not including his name and application No. in the draw. He claimed for allotment of a plot and also compensation.

(3.) THE State Commission held that the Board committed an error by not including the name of the Complainant in the draw of plots. Hence, there has been gross deficiency of service on the part of the Opposite Party. It was represented before the State Commission on behalf of the Opposite Parties that all the plots in Velachery Scheme have already been allotted and hence there was no scope for allotting any plot in that scheme to the Complainant. However, the Counsel for the Opposite Parties filed a memo stating that plot No. 10808 at K.K. Nagar and another plot bearing No. 52400 at Annanagar were available for being allotted as per the records. In view of the said memo and its finding referred to above, the State Commission issued the direction as mentioned in the beginning of this order.