Tamil Nadu

South Chennai

94/2012

Vedharathinam - Complainant(s)

Versus

Tamil Nadu Slum Clearance Board & Others - Opp.Party(s)

M/s.G.Baskar

04 Nov 2015

ORDER

                                                                          Date of Complaint  : 19.03.2014

                                                                Date of Order        : 04.11.2015

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,                  : PRESIDENT                     

                     TMT.K. AMALA, M.A. L.L.B.,                                : MEMBER – I

                     DR.T.PAUL RAJASEKARAN, M.A D.Min HRDI, AIII,BCS : MEMBER - II

                                                     

C.C.No. 94 / 2012

THIS  WEDNESDAY  4^th   DAY OF  NOVEMBER 2015

 

Mr. Vedharathinam,

S/o. Gopal Pillai,

Plot No.6, Door No.7,

Indira Gandhi Nagar,

Velacherry Village,

Adambakkam,

Chennai – 88.                                                    .. Complainant.

                                                         - Vs-

1. The Managing Director,

Tamil Nadu Slum Clearance Board,

No.5, Kamarajar Salai,

Chepauk, Chennai – 5.

 

2. The Estate Officer-7,

Tamil Nadu Slum Clearance Board,

83^rd Street, Sivalingapuram,

K.K. Nagar,

Chennai – 78.                                                       .. Opposite parties.    For the complainant                     :  M/s. G.Baskar		.. Opposite party.
For the opposite parties                    :  M/s. T.Aarumugam.

         Complaint under section 12  of the Consumer Protection Act, 1986 for a direction to the opposite parties  to pay the interest for a sum of Rs.1,47,896/-  and also to pay a sum of Rs.5,00,000/- as mental agony and compensation and also to pay a sum of rs.10,000/- as cost of the complaint to the complainant.    

ORDER

THIRU.   T.PAUL RAJASEKARAN ::    MEMBER-II

1.The case of the complainant is briefly as follows:-

 The complainant submit that he was physically challenged person allotted with a plot under Indira Gandhi Nagar Scheme 224.5 sq meter at the cost of Rs.40,410/- on 6.9.1995 and he had paid Rs.50,960/- on various dates and received no objection letter from the opposite parties to build the house on 31.7.1998.   The complainant had approached the opposite parties in 2007 to get an NOC and the opposite parties has directed to the complainant to pay Rs.1,41,475/-.  In order to comply with this the complainant had received loan from CPCL Employee’s Co-operative Thrift & Credit Society at the rate of 10% interest to pay  the remaining amount to the opposite parties and he have paid the amount demanded by the opposite party on 30.4.2008.  

2.     The complainant further submit that the complainant has filed the writ petition No.24744 / 2009 before the Hon’ble High Court, Chennai directing the opposite parties to execute the sale deed and refund Rs.1,41,745/- illegally collected in excess of actual cost of the plot and directed to pay within a period of 12 weeks from the date of order.  But the opposite party has not refunded the amount to the complainant.  Since the complainant has not received the refund from the opposite parties, hence the complainant filed another writ petition No.15960 of 2011 in Madras High Court.   Wherein the opposite party had executed a sale deed for the plot on 23.3.2011 by Sub-Registrar office, Valacheri.    The complainant having got the registration of his plot but he has not effected the payment which was collected by the opposite party inadvertently.   The opposite parties have sent the letter to the complainant on 18.10.2011 stating that they have excessively collected a sum of Rs.1,47,869/- and requested the complainant to collect the said amount by way of cheque bearing No.364976, dated 15.11.2011 drawn on IOB, and the complainant too collected the said amount and the complainant was claiming interest from the last date of his payment on 30.4.2008.   Despite of several demands made by the complainant the opposite parties wantonly refuse to give the same.  As such the act of the opposite parties are amounts to deficiency of service and which caused mental agony and hardship to the complainant.   Hence the complaint. 

Written version of   opposite parties are   as follows:-

3.     It denies all the averments and allegation contained in the complaint except those that are specifically admitted herein.  The opposite parties submits that it is denied that all the allegations contained in the affidavit as false and frivolous except those that are specifically admitted here under and put the complainant into the strict proof of the same.   There is no prima facie case in favour of the complainant, hence the complaint is liable to be dismissed.   The Board has complied the Hon’ble High Court order dated 26.7.2011 in W.P.No.15690/2011 and it was completed / closed.  Therefore no need to further explanation as stated by the complainant.  Already this forum ordered correctly and the Board has paid entire excess money and there is no due or arrears on behalf of TNSCB.   Therefore this forum may be pleased to dismiss the compliant.

4.   Complainant has filed his Proof affidavit and  Ex.A1 to Ex.A14 were marked on the side of the complainant.   Opposite parties have filed their proof affidavit and no document marked on the side of the opposite parties. 

5.         The points that arise for consideration are as follows:-

1. Whether there is any deficiency in service on the part of the opposite parties ?

 

2. To what relief the complainant is entitled to?  

6.   POINTS 1 & 2 :

   Perused the complaint  filed by the complainant, written version filed by the  opposite parties, proof affidavit filed by the complainant and the  opposite parties and  Ex.A1 to Ex.A14  filed on the side of the complainant and considered both side arguments.

7.      The complainant physically challenged person allotted with a plot under Indira Gandhi Nagar Scheme 224.5 sq meter at the cost of Rs.40,410/- on 6.9.1995 (Ex.A1) and he had paid Rs.15,960/- on various dates and received no objection letter from the opposite parties to build the house on 31.7.1998.   The complainant had approached the opposite parties in 2007 to get an NOC and the opposite parties have directed to the complainant to pay Rs.1,41,475/-.  In order to comply with this the complainant had received loan from CPCL Employees Co-operative Society at the rate of 10% interest to pay  the remaining amount to the opposite parties and he have paid the amount demanded by the opposite parties on 30.4.2008.  

8.     The complainant approached the Hon’ble High Court under writ petition No.24744 / 2009 for directing the opposite parties to execute the sale deed and refund Rs.1,41,745/- illegally collected in excess of actual cost of the plot (Ex.A9).   Whereas the Hon’ble High Court has passed order dated 20.7.2010 directing the opposite party to execute sale deed in favour of the complainant the opposite party has also executed to sale deed Ex.A10.   Since the complainant has not received the refund from the opposite parties, the complainant filed another writ petition No.15690 of 2011 in Madras High Court.   As per the order passed by the Honble High Court in W.P.No.15690/2011 dated 20.7.2011 the complainant requested the opposite party by letter dated 7.9.2011 for repayment of the same with the interest from the date of payment i.e. 30.4.2008.  But the opposite parties have paid the excess amount Rs.1,47,869/- to the complainant by way of cheque dated 15.11.2011.  

 

9.     We are of the considered view that an amount of Rs.1,47,896/- was lying with the opposite parties for 42 ½  months i.e. from 30.4.2008 to 15.11.2011 where interest accrued works out to Rs.62,855/- on the prevailing rate of interest at that time i.e. 12% p.a., therefore the

 

opposite parties are jointly and severally liable to pay the said amount to the complainant.  Further we are of the considered view that from 16.11.2011 till this date, the opposite parties are also jointly and severally   directed to pay interest at the rate of 9% p.a. on the said amount of Rs.62,855/- till the date of payment and also to pay the litigation charges of Rs.5,000/-.   Considering the facts and circumstances of the case we are not inclined to grant compensation claimed by the complainant in the complaint.    As such the points 1 & 2 are answered accordingly.

         In the result the complaint is partly allowed.  The opposite parties are jointly and severally directed to pay Rs.62,855/- (Rupees Sixty two thousand eight hundred and fifty five only)  as interest at the rate of 12%  from the date of his last payment with an additional interest of 9% p.a. from  16.11.2011 to till the date of payment and also to pay a sum of Rs.5,000/- (Rupees five thousand only) as litigation charges to the complainant  within six weeks from the date of this order. 

        Dictated directly by the Member-II to the Assistant, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the 4^th     day of  November   2015.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents :

Ex.A1- 6.9.1995    - Copy of Memo of opposite parties.  

Ex.A2-         -       - Copy of disability Certificate.

Ex.A3-         -       - Copy of proceedings of Tamil Nadu Clearance Board

                               President.

 

Ex.A4-         -       - Copy of  bill.

 

Ex.A5-         -       - Copy of No objection Certificate.

 

Ex.A6- 17.4.2008  - Copy of opposite parties letter.

 

Ex.A7- 30.4.2008  - Copy of cheque.

 

Ex.A8- 17.4.2008  - Copy of opposite parties letter.

 

Ex.A9-         -       - Copy of order in W.P.No.2474/09,

 

Ex.A10-       -       - Copy of Sale deed executed by the opposite parties.

 

Ex.A11-       -       - Copy of Order in W.P.No.15960/2011.

 

Ex.A12-       -       - Copy of complainant’s representation.

 

Ex.A13-       -       - Copy of reply of the opposite parties.

 

Ex.A14-       -       - Copy of CPCI Employee’s Co-opposite party Society Ltd.,

                               XC-78 letter.

 

Opposite parties’ documents :    Nil      

 

MEMBER-I                        MEMBER-II                             PRESIDENT.