Tamil Nadu

StateCommission

A/2/2023

The Manager, O/o Executive Engineer & Ado, Tamil Nadu Housing Board, - Complainant(s)

Versus

P.Subramanian, S/o Ponnan - Opp.Party(s)

M/s. R.Sivakumar

28 Mar 2023

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present:   Hon’ble THIRU JUSTICE R. SUBBIAH  : PRESIDENT

                 THIRU R  VENKATESAPERUMAL          :    MEMBER

 

F.A. No. 2 of 2023

(Against the order passed in C.C. No.132 of 2018 dated 14.11.2018 on the file of the D.C.D.R.C., Coimbatore.

 

Tuesday, the 28^th day of March 2023

 

The Manager

Office of Executive Engineer & Ado

Tamilnadu Housing Board

D-Housing Unit, Tatabad

Coimbatore-12                                                   .. Appellant/      Opposite Party

 

- Vs –

 

Mr.P.Subramaniam

S/o. Ponnan

D. No.C-232, Kurichi Housing Unit

Phase-2,  Coimbatore -21.                                 .. Respondent/Complainant

 

  Counsel for Appellant /Opposite party        :  M/s. M.R. Sheik Abdul Rahim

 

  Counsel for the Respondent/Complainant            :   M/s. P. Paramasivam                                                                       

 

                The Respondent as complainant had filed a complaint before the District Commission against the opposite party praying for certain directions. The District Commission had passed an ex-parte order, allowing the complaint.  Against the said ex-parte order, this appeal is preferred by the opposite party praying to set aside the order of the District Commission dt. 14.11.2018 in CC. No.132 of 2018.

 

                This petition came before us for hearing finally, today.  Upon hearing the arguments of the counsel appearing on both sides, perusing the documents, lower court records and the order passed by the District Commission, this Commission made the following order in the open court.

 

 

JUSTICE R. SUBBIAH ,  PRESIDENT  (Open court)

 

        1.  The opposite party before the District Commission is the appellant herein.

 

        2. The case of the complainant before the District Commission is that he was allotted a house in Kurinchi Housing Unit by Tamil Nadu Housing Board on 13.05.1988.  He paid the instalments regularly and his loan was completed on 26.12.2009.  Inspite of repayment of the entire loan amount, his title deed has not been released by the opposite party.  The complainant was informed by the Public Information Officer, Kurichi Housing Unit, that an excess amount of Rs.11,340/- has been collected and had also returned the said amount on 26.12.2009.  The District Collector, Coimbatore had directed to cancel the mortgage deed and also issued the payment completion receipt dated 09.05.2005, which was also registered vide Document No.2030/2005.  But, till date the opposite party is illegally holding the original title deeds and not releasing the same.  Hence, alleging deficiency of service, the complainant has filed a complaint before the District Forum claiming to direct the opposite party to handover the original title deed of his house and to pay a sum of Rs.2,00,000/- as compensation. 

 

        3.     Though notice was served, the Appellant/opposite party failed to appear before the District Commission and hence they were set ex-parte.  Consequently, the District Commission passed an ex-parte order directing the opposite party, to handover the original sale deed of the property and to pay a sum of Rs.25,000/- as compensation towards deficiency in service and mental agony to the complainant.  Aggrieved over the said order, this appeal is preferred by the opposite party, praying to set aside the order. 

 

        4. It is the submission of the counsel for the appellant/opposite party that the complainant has not informed that the housing loan which was granted by the District Collector, Coimbatore based on an undertaking given by the Tamil Nadu Housing Board.  Hence, the complainant ought to have furnished No Objection Certificate from the District Collector, Coimbatore to release the sale deed.  But the complainant has not produced the NOC.  That is the reason, why the title deeds were not released.  Thus, there is no deficiency of service on the part of the Appellant and that they have got valid defense and a fair chance of succeeding the complaint.  Therefore, the appellant/opposite party sought to set aside the order of the District Commission and prayed for an opportunity to contest the case on merits.

 

 

        5.  When the case had come up before this Commission on 09.03.2023, after hearing the submission of both sides, this Commission had felt that there is some force in the arguments of the counsel for the appellants/opposite parties and therefore in order to give a chance to the opposite parties to agitate their right on merits, was inclined to allow this appeal by remanding the matter to the District Commission, to dispose of the case on merit.   However, considering the lethargic attitude of the opposite parties, in not appearing before the District Commission, we imposed a cost of Rs.3000/- to be paid to the Legal Aid Account of the State Commission on or before 27.03.2023. Today, when the matter appeared in the list it was reported that the condition imposed by this Commission has been complied with.    Hence, this appeal is allowed today by remanding back the complaint to the District Commission for fresh disposal according to law. 

 

        6. In the result, the appeal is allowed by setting aside the order of the District Commission, Coimbatore, in C.C.No.132 of 2018 dt.14.11.2018, and the matter is remanded back to the District Commission, Coimbatore, for fresh disposal according to law and on merits.

        Parties are directed to appear before the District Commission, Coimbatore on 28.04.2023, for taking further instructions.  On which date itself, the opposite party shall file their vakalat, written version, proof affidavit and documents if any. The District Commission is directed to dispose of the complaint, within three months from the date of appearance, according to law and on merits.  

        The amount deposited by the appellant, shall remain in the custody of this commission, till the disposal of the original complaint.

 

 

   R  VENKATESAPERUMAL                                                                                                            R. SUBBIAH

                 MEMBER                                                                                                                             PRESIDENT

 

Index :  Yes/ No

AVR/SCDRC/Chennai/Orders/March/2023