BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, VELLORE DISTRICT AT VELLORE. PRESENT: THIRU. A. SAMPATH, B.A., B.L., PRESIDENT TMT. G. MALARVIZHI, B.E. MEMBER - I THIRU. K. DHAYALAMURTHI,B.SC. MEMBER – II CC. 9 / 2008 WEDNESDAY THE 1st DAY OF JUNE 2011. Sowdamini D/o. T.R. Bashyam, New No.73, Old No.28/B, Jaganatha Pillai Street, Sankaranpalayam, Vellore. … Complainant. - Vs – The Executive Engineer & Administrative Officer, Vellore Housing Board (General Section), Sathuvachari, Vellore – 9. … Opposite party. …… This petition coming on for final hearing before us on 31.5.11, in the presence of Thiru. M. Bakthavatchalam, Advocate for the complainant and Thiru. T.N.K. Selvaraj, Advocate for the opposite party, and having stood over for consideration till this day, the Forum made the following: O R D E R Pronounced by Thiru. A. Sampath, President of the District Consumer Disputes Redressal Forum, Vellore District. I. The brief facts of the case of the complainant is as follows: In an application No.9428 given by the opposite party in payment of application fees Rs.1500/- entered in an agreement with the opposite party for allotment of a plot under Bumper (Coolakkal ) S.M.T. / MIG Plot No.13, Dharapadavedu property as on 26.11.98. At the time price of Rs.1,13,690/-. The complainant pay the dues accordingly and paid the amount totally Rs.1.41.000/-. As per the condition of opposite party the complainant settled total amount on or before the stipulated period. On 26.2.01 final settlement was done by the complainant its receipts No. is BM NO.055094. From the date of final settlement dt. 26.2.01 demanded the sale deed from the opposite party but the opposite party simply evade and avoid to give the sale deed to the complainant. On 27.9.05 in letter No.A 14/9711/98 the opposite party demanded the original receipts from the complainant for verification of the account of payment dues done by the complainant. The complainant gave the receipt and it was verified accordingly. After that the complainant not give the sale deed. The complainant gave a Monday petition to the District Collector, Vellore. For that the opposite party simply answer to the District Collector on 25.9.07 that the final price was not confirmed. Hence the issuing of sale deed was pending before the opposite party. On advice given by the District Collector the complainant approached the Legal Service Authority and the complainant approached the Legal Service Authority and send a legal notice to the opposite party and received a letter from the opposite party in letter No.A 14/9711/98, dt. 15.2.08 simply avoiding the letter. 2. The cause of action aroused on 26.11.98 the complainant under her application allotted a plot SMT/MIG Plot No.13, Dharapadavedu property. The complainant settled all dues. The final settlement done on 26.2.01 in receipt No.BM No.055094. On many demands the opposite party send a letter to the complainant the letter No.A14/9711/98 dt. 27.9.05. The complainant gave a Monday Petition to the District Collector Vellore No.2007.24385 dt. 24.9.07 the opposite party replied in letter No.A1/9711/98 dt. 25.9.07. On letter send by Legal Service Authority the opposite party replied in letter No. Allotment 159711/98 dt. 16.11.07. All theses instances are happening within the Jurisdiction of the District Consumer Disputes Redressal Forum, Vellore within the Forum Jurisdiction. Therefore the complainant prayed this Forum for directing the opposite party to give the sale deed and pay the compensation to the complainant Rs.1,00,000/- for the insufficient defective negligence services of the opposite party with cost Rs.5000/- . 2. The averments in the counter filed by the opposite parties are as follows: The opposite party does not admit any of the allegations made in the complaint save those that are specifically admitted herein and puts the complainant to strict proof of each and every allegations. The petition itself is a misconceived one. It has been filed at the instance of the persons, who are harassing the opposite party. The allegations made in the complaint are not fully admitted. It is true that the complainant, on her application was allotted a MIG Plot bearing No.13 at Dharapadavedu on 26.11.98 under the SMT scheme. After the said allotment, allotment order was also issued to her, informing the complainant that the tentative cost of the plot is Rs.1,13,690/- and directing her to pay the initial deposit of Rs.43,690/- and giving her an option to pay the balance amount in monthly installments of Rs.1,227/-. But the complainant did not pay the amount within 21 days as mentioned in the allotment order. Hence the allotment was cancelled. However, she paid the initial deposit amount of RS.43,690/- on 21.1.99. On payment the said deposit amount, the allotment was also confirmed. Thereafter the complainant paid the balance amount of the tentative cost of the plot in monthly installments. Though the payment was not regular. She has paid the entire tentative cost of the plot by February 2001. Thereafter she entered into an agreement with the opposite party and executed the lease-cum-sale agreement. The complainant is bound by the terms and conditions of allotment as well as the lease-cum-sale agreement. The price initially quoted under the allotment order is only a tentative cost. No final cost was fixed and collected from the complainant till this date. Even under clause 12 of the allotment order, it has been specifically mentioned that only after the disposal of all the land acquisition cases the final costs will be fixed and the different amount between the final cost and the tentative cost will have to be paid with interest. Similarly, clause- 5 of the lease-cum-sale agreement also refers that Rs.1,13,690/- is only the tentative price and the complainant has to pay the difference in land cost, after the fixation of the final costs, with interest. What the complainant has already paid is only the tentative cost of Rs.1,13,690/- with interest, as she has paid the balance of tentative cost only in installments. When the balance of tentative cost is paid in installments, it will carry interest and the same is also mentioned in the allotment order. Whatever amount paid by the complainant has been adjusted towards the tentative cost of the plot with interest. 3. The plot is situate in Small Medium Town (SMT) and it has been allotted to the complainant under the said scheme. In view of the pendency of the land acquisition cases and clarification by the Collectorate, the final cost has not been arrived at by the Tamil Nadu Housing Board. The complainant is bound to abide by the terms and conditions of the allotment. As already mentioned above, clause -5 of the lease-cum-sale agreement specifically refers about payment of the difference in land cost after the fixation of the final cost. It is also refers that only after payment of the difference in land cost sale deed will be issued. The complainant is bound by the said terms and conditions. The delay is not on the part of the opposite party. As the final cost has not been finalized due to the above reasons, the final price of the plot has not been fixed and the demand for payment of the final cost of the plot has not yet been made. As per the rules and regulations of the Tamil Nadu Housing Board Act and Board’s proceedings the sale deed will be issued only after the finalization of the final cost of the plot and after realization of the difference is land cost with interest. Under these circumstances the sale deed cannot be issued by the opposite party. As there is no deficiency in service or negligence on the part of the opposite party, there is no question of payment of any compensation, much less Rs.1,00,000/-. There is no basis for demand of Rs.1,00,000/-. Hence this complaint is to be dismissed with costs. 4. Now the points for consideration are: a) Whether there is any deficiency in service, on the part of the opposite parties? b) Whether the complainant is entitled to the reliefs asked for?. 5. Ex.A1 to Ex.A4 were marked on the side of the complainant and Ex.B1 & Ex.B2 were marked on the side of the opposite party. Proof affidavit of the complainant and Proof affidavit of the opposite party have been filed. No oral evidence let in by either side. 6. POINT NO. (a): It is admitted case of the parties that the complainant on her application was allotted a MIG plot bearing No.13 at Dharapadavedu on 26.11.98 under the SMT scheme by the opposite party, and the tentative cost of the plot is Rs.1,13,690/-. The complainant had paid the initial deposit amount of Rs.43,690/- on 21.1.99 and on payment of the said deposit amount the allotment was also confirmed. Thereafter the complainant had executed a lease-cum-sale agreement Ex.B2 to the opposite party. The complainant has also paid the balance amount of the tentative cost of the plot. 7. The complainant contended that at the time of allotment the price of the plot was Rs.1.13.690/- and the complainant was paid a total sum of Rs.1,41,000/- to the opposite party. Final settlement was done by the complainant on 26.2.01 and its receipts No. is BM No.055094. From the date of final settlement the complainant demanded the sale deed from the opposite party but the opposite party simply evade and avoid to give the sale deed to the complainant. Hence the opposite party committed deficiency in service. 8. The opposite party contended that the price initially quoted under the allotment order is only a tentative cost. No final cost was fixed and collected from the complainant till this date. Under clause-12 of the allotment order, it has been specifically mentioned that only after the disposal of all the land acquisition cases, the final costs will be fixed and the different amount between the final cost and the tentative cost will have to be paid with interest. The complainant has already paid the tentative cost of Rs.1,13,690/- with interest as she has paid the balance of tentative cost only in installments. As per rules and regulations of the Tamil Nadu Housing Board Act and Board’s proceedings the sale deed will be issued only after the finalization of the final cost of the plot and after realization of the difference in land cost with interest. Therefore there is no deficiency in service on the part of the opposite party. 9. From the perusal of Ex.B1, dt. 26.11.98 order of allotment of plot issued by the opposite party to the complainant it is mentioned as follows: jhuhg;glBtL (rpwpa kw;Wk; eLj;ju efh; jpl;lk; - fhl;gho) jpl;lj;jpy; 13 nyf;fkpl;l kj;jpa tUtha; gphpt[ kid jA;fSf;F fPH;fhZk; epge;jidfSld; xJf;fPL bra;ag;gLfpwJ vd;gij kfpH;r;rpa[ld; bjhptpj;Jf;bfhs;fpBwd;. 1) 142.50 rJu kPl;lh; ( Bjhuhakhf) gug;gst[s;s ne;j kidapd; jw;fhypf tpiy U}.1,13,690.00. 2) njw;F jhA;fs; brYj;jBtz;oa Kd;itg;g[j;bjhif U}.43690.00 nt;t[j;jutpid bgwg;gl;l 21 ehl;fSf;Fs; brYj;jtpy;iybadpy; kD mwptpg;g[ VJkpd;wp xJf;fPL uj;J bra;ag;gLk;. 3) kPjpj;bjhifia 18% tl;o tpfpjj;jpy; 132 khj jtizfspy; brYj;jp tplBtz;Lk;. khj jtizfs; xt;bthU khjKk; 15k; Bjjpf;Fs; brYj;jptplBtz;Lk;. jtwpdhy; 21% jtWjy; tl;o Brh;j;J tR{ypf;fg;gLk;. 4) khj jtiz U}.1227/- ia ork;gh; 1998 khjk; Kjy; brYj;j Btz;Lk;. 5) Kd;itg;g[j;bjhifiaa[k;, Kjy; khj jtiziaa[k; brYj;jp, Fj;jif xg;ge;j gj;jpuj;jpy; (L.C.S Agreement) ifbaGj;jpl;l gpd;dBu kid xg;gilg;g[ cj;jut[ tHA;fg;gLk;. 6) kidapy; kid xJf;fPL bra;ag;gl;l ehspypUe;J 3 Mz;LfSf;Fs; tPLfl;o Kof;fg;gl Btz;Lk;. 7) tPL fl;Ltjw;fhd mDkjpia Kiwg;go thhpaj;jplk; bgw;Wf;bfhz;l gpd;dBu fl;Lkhd Btiyiaj; bjhlA;f Btz;Lk;. 8) epyvLg;g[ bjhlh;ghf tHf;Ffs; Kot[w;W kidapd; nWjp tpiy mwptpf;fg;gLk; Beuj;jpy; TLjy; bjhif VBjDapUg;gpd; mij xl;Lbkhj;jkhf brYj;j Btz;Lk;. 9) nWjptpiy mwptpf;fg;gl;L bjhif Kw;wpYkhf brYj;jg;gl;l kidapy; tPLfl;o Kof;fg;gl;l gpd;dh; kidf;fhd tpw;gidg;gj;jpuk; kid xJf;fPL bgw;w K}d;W Mz;LfSf;F gpwBf tHA;fg;gLk;. 10) kidapy; mst[ ruhrhp msittpl TLjyhfBth my;yJ FiwthfBth nUf;Fkhdhy; mjw;Fhpa bjhif gpd;dh; tR{ypf;fg;gLk; my;yJ jpUg;gpj;jug;gLk;. 60’, 80’, 100”, mo rhiyfspy; mike;Js;s kidf;F TLjy; tpiy fzf;fpl;L gpd;dh; tR{ypf;fg;gLk;. It is clear that at the time of allotment of plot the tentative price was fixed at Rs.1,13,690/-. the deposit amount should be paid within 21 days from the date of allotment order, and the remaining tentative balance amount along with interest of 18% should be paid 132 monthly installments. The monthly installments is Rs.1227/-. After disposal of all the land acquisition cases the final costs will be fixed and the different amount between the final cost, and the tentative cost will be informed to the allottee. After the payment of the final cost the sale deed will be issued. The complainant has accepted the terms and conditions mentioned in the allotment order of plot Ex.A1, dt. 26.11.98, and she has paid the initial deposit amount of Rs.43,690/- on 21.1.99 under receipt BD No.02311. Thereafter she has also paid Rs.3681/- on 10.6.99 under receipt BF No.04027, Rs.4908/- on 15.3.99 under receipt BD No.50623, Rs.2454/- on 13.8.99 under receipt BF No.57476, Rs.1227 on 3.9.99 under receipt BF No.98125, Rs.1227/- on 4.10.99 under receipt BG No.011827, Rs.1227/- on 8.11.99 under receipt BG No.014021, Rs.1227/- on 9.12.99 under receipt BH No.036216, Rs.3681/- on 6.3.00 under receipt BI No.026183, Rs.1227/- on 3.4.00 under receipt BI No.027813, Rs.2454/- on 5.6.00 under receipt BJ No.017816, Rs.1227/- on 4.7.00 under receipt BJ No.019435, Rs.1227/- on 4.6.00 under receipt BJ No.095895, Rs.1227/- on 4.9.00 under receipt No.017375, Rs.1227/- on 4.10.00 under receipt BK No.063030, Rs.1227/- on 6.11.00 under receipt BK No.065061, Rs.1227/- on 4.12.00 under receipt BL N.096069, Rs.1227/- on 3.1.00 under receipt BL No.097829, Rs.1227/- on 5.2.01 under receipt BM No.054520, Rs.20,000/- on 5.2.00 under receipt BM No.054535, and Rs.44600/- under receipt BM No.055094, dt. 26.2.01. 10. According to the complainant the final settlement was done by the complainant on 26.2.01 under receipt B.M. No.055094. The contention of the opposite party that the price initially quoted under the allotment order is only a tentative cost. No final cost was fixed and collected from the complainant till this date. It is admitted facts that after the deposit of initial amount of Rs.43690/- on 21.1.99, the complainant executed the sale cum lease agreement. She has paid the tentative cost with interest. As per the terms and conditions the complainant have to pay the different and between the final cost and tentative cost with interest after the fixation of the final costs. From the perusal of receipt No.BM.No.055094, dt. 26.2.01 it is mentioned that a sum of Rs.44600/- received from the complainant towards B’ Block, Plot No.13 MIG at Dharapadavedu. There is no final settlement. Under clause 12 of the allotment order it has been specifically mentioned that only after the disposal of all the land acquisition cases, the final costs will be fixed and the different amount between the final cost and the tentative cost will have to be paid with interest. The complainant has submitted a petition before the District Legal Aid Committe, Vellore. Based on the said petition the opposite party has sent a letter Ex.A4, dt.16.11.07 to District Legal Aid Committee, Vellore, In the said letter, it is mentioned as follows: ghh;itapy; fz;Ls;s jA;fs; fojj;jpd;go jA;fsJ md;ghd ftdk; bfhz;L tug;gLfpwJ. BtY]h; tPl;L trjp gphpt[, jhuhglBtL v!;.vk;.o jpl;lj;jpy; bry;tp. brsjhkpdp vd;gtUf;F MIG kid vz;.13, jw;fhypf tpiy jpl;lj;jpd; mog;gilapy; 26.11.98 md;W xJf;fPL bra;agl;lJ. xJf;fPL tpjp/epge;jidfs; mlA;fpa xJf;fPL Miz efy; nj;Jld; nizf;fg;gLfpwJ. jw;fhypf tpiy KGtJk; brYj;jptpl;lhh;. Bkw;go jpl;lj;jpw;F thhpaj;jhy; nd;Dk; nWjp tpiy eph;zak; bra;ag;gltpy;iy. nJ rk;ke;jg;gl;l thhpa cj;jut[ bgwg;gl;lJk;, nWjp tpiyapy; tpj;jpahrj; bjhif nUg;gpd;, mj;bjhif brYj;jpa[ld; fpuag;gj;jpuk; tHA;f eltof;if Bkw;bfhs;sg;gLk;. Therefore it is clear that after disposal of all the land acquisition cases the final costs will be fixed and the difference amount between the final cost and the tentative cost will be informed to the allottee. After payment of the final cost the sale deed will be issued. The complainant has paid only the tentative cost of plot with interest. The last balance tentative amount of Rs.44600/- was paid under receipt B.M.No.055094 on 26.2.01. It is not final settlement. No final cost was fixed and informed to the complainant till this date. Therefore the contention of the complainant that even after final settlement was done by the complainant under receipt BM.No.055094 on 26.2.01, the opposite party did not give the sale deed to the complainant is not acceptable. 11. Hence, taking all the above facts into consideration from the contention in the complaint and the counter, as well as proof affidavit of both the parties, and from the documents Ex.A1 to Ex.A4 and Ex.B1 & Ex.B2, we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service on the part of the opposite party herein. Hence we answer this point (a) as against the complainant herein. 12. POINT NO : (b) In view of our findings on point (a), since, we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service on the part of the opposite party herein. We have also come to the conclusion that the complainant is not at all entitled to any relief asked for by her, in this complaint. Hence we answer this point (b) also as against the complainant herein. 13. In the result this complaint is dismissed. No costs. Dictated to the Steno-typist and transcribed by her, corrected and pronounced by the President, in Open Forum, this the 1st day of June 2011. MEMBER-I MEMBER-II PRESIDENT. List of Documents: Complainant’s Exhibits: Ex.A1- 26.11.98 – X-copy of Allotment order of plot with receipts. Ex.A2- 15.2.08 - Legal notice given by the complainant to the opposite party. Ex.A3- 27.9.05 - Notice by the opposite party to the complainant. Ex.A4- 16.11.07 - Letter by the opposite party to the District Legal Aid Service Authority, Sathuvachari, Vellore-9. Opposite party’s Exhibits: Ex.B1- 26.11.98 - X-copy of allotment order issued by the opposite party to the Complainant. Ex.B2- -- - X-copy of lease-cum-sale agreement entered into between the Complainant and the opposite party. MEMBER-I MEMBER-II PRESIDENT.
| | [ Hon'ble Tmt G.Malarvizhi, B.E] MEMBER[ Hon'ble Thiru A.Sampath, B.A., B.L] PRESIDENT[ Hon'ble Tr K.Dhayalamurthy, Bsc] MEMBER | | 
