ALLOTTEE SERVICE MANAGER Vs. J M KUPPUSAMY

JUDGEMENT

(1.) The opposite party-Housing Board against which an order has been passed by the District Forum is the appellant.

(2.) The complainant (respondent herein) was an allottee of a plot by the Tamil Nadu Housing Board at a total cost of Rs.16,683/-. According to the complainant he has paid all the instalments payable by him towards the said cost by 27.1.87. The opposite party issued 'no Objection Certificate' on 27.5.87 for the complainant to obtain a loan by mortgaging the plot. He has put up the construction and after the completion of 5 years, on payment of the full cost of the p lot and interest and also penal interest he applied for Sale Deed on 16.12.93. The opposite party had also issued a 'no Due Certificate' on 7.10.88. While so, the opposite party suddenly asked him to pay a sum of Rs.7,912/- as carrying charges. This amounts the complainant is not liable to pay. The opposite party-Housing Board have not yet executed the Sale Deed. This amounts to deficiency in service on his part. On these allegations the complaint has been filed for directing the opposite party to issue the Sale Deed without demanding any amount and also to pay a sum of Rs.8,000/- as compensation.

(3.) The opposite party contended that they received communication from the Madras Metropolitan Development Authority (M. M. D. A.) before receiving a letter from the complainant for executing the Sale Deed instructing the opposite party to collect carrying charges for all the allotments made after 12/85 as per Resolution No.43/83. Such carrying charges in this case came to Rs.7,912/- and the complainant was informed to pay this amount. Since the complainant has not paid this amount the opposite party could not execute the Sale-Deed. As such there was no deficiency in service on their part.