TAMIL NADU HOUSING BOARD Vs. R SIV ASUBRAMANIAYAM

JUDGEMENT

(1.) FIRST Appeals No. 139/1994 and 140/1994 have been filed respectively by Tamil Nadu Housing Board (opposite party in Original Petition No. 225/1993 before the Tamil Nadu State Consumer Disputes Redressal Commission) and by the complainant against the order dated 31.12.1993 passed by the State Commission, Chennai.

(2.) BRIEFLY , facts of the case are as follows. The complainant was the highest bidder in a public auction held by the Tamil Nadu Housing Board for the sale of housing plot at Anna Nagar, Chennai; he immediately paid a part amount and was awaiting the allotment order of the Housing Board. However, after three years of the date of auction he found some persons constructing house on the said plot and he came to know that the plot was divided into two and allotted to two other parties. The complainant filed three WPs/W M Ps before the High Court, Chennai for, (i) directing the Housing Board to allot the plot to him; (ii) to atleast allot an alternative plot; or (iii) to reserve an alternative plot. On the allotment of plot and other related matters, there was a running dispute between the Housing Board and the complainant, and the latter had to file as many as eight more WPs/ W M Ps before the High Court, Chennai and finally he could get allotment of another plot and take possession in June, 1991.

(3.) THE State Commission considered the matter and found that there was gross deficiency and negligence in service on the part of the Housing Board and ordered the Board to pay Rs. 1,64,934/- by way of interest on the amounts paid by the complainant, Rs. 1 lakh as compensation for mental agony and Rs. 3,000/-towards costs to the complainant.