EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER Vs. J NATARAJAN

JUDGEMENT

(1.) The opposite party the Executive Engineer and Administrative Officer, Coimbatore Housing Board against whom an award has been passed is the appellant.

(2.) The complainant was allotted a house of the Housing Board for a price of Rs.8.800/-. This amount was to be paid in monthly instalments of Rs.64/- for 20 years. The case of the complainant is that he has paid the entire amount and he has also paid the penal interest that was levied. He also paid scrutiny fees demanded for the Sale Deed. But the opposite parties wrote to him Ex. A2 letter dated 25.6.1992 stating that the complainant had to make a payment of Rs.6.637/- being the total sum of Rs.1,293/- as difference in costs, Rs.3,129/- as difference in cost interest, a sum of Rs.309/- as penal interest and also a sum of Rs.1,340/- as water charges, Rs.266/- as Siruvani Water connection charges and Rs.300/- as water meter charges. According to the complainant these amounts he is not liable to pay. The non-execution of the sale deed is deficiency in service on the part of the opposite parties. On these allegations the complaint was filed for directing the opposite parties to execute the sale deed and also pay compensation.

(3.) The opposite party contends that the complainant is liable to pay the said sum of Rs.6,637/- as stated in their letter Ex. A2, and unless that amount is paid the complainant cannot have a right to get the sale deed executed by the opposite parties. Therefore there is no deficiency in service on the part of the opposite parties and hence the complaint was liable to be dismissed.