S NAGARAJAN Vs. SECRETARY ANDHRA PRADESH HOUSING BOARD

JUDGEMENT

(1.) This appeal is preferred by the complainant in CD. No.305/90. Aggrieved by that portion of the order of the District Forum, rejecting his claim for damages in a sum of Rs.50,000/-, this appeal is filed.

(2.) Shortly, stated the complainant applied for one HIG flat at, Kukatpalle to the opposite party which was offered at a cost of Rs.1,28,000/- by notification dated 18.5.1987. He complied with the initial deposit of 10% of the cost of building and also paid two instalments of Rs.38,400/- each. According to the complainant as the Housing Board did not complete the construction within a period of two years, he wrote a letter on 18.1.1989 to withdraw from the scheme and seeking refund of the amount paid by him. The cancellation was accepted by the oppositie party on 24.1.1990 and refunded the amount withholding a sum of Rs.2000/-Claiming that such a withholding is not warranted and also as there was delay in completing the houses the complainant was entitled for damages of Rs.50,000/- the complaint was filed.

(3.) The District Forum held that the opposite party is not entitled to withhold a sum of Rs.2000/-. It accordingly directed the opposite party to refund the amount of Rs.2000/- with interest at 12% p. a. from 24.1.1990 till payment and also costs of Rs.500/-