KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAD, THIRUVANANTHPAURAM APPEAL 675/01 Judgment Dated 28.5.09 Appeal afiled against the order passed by CDRF,Thrissur in OP.1140/99 PRESENT SRI.S.CHANDRAMOHAN NAIR : MEMBER SRI.M.K.ABDULLA SONA : MEMBER 1.The Regional Engineer, : APPELLANTS Kerala State Housing Board, Panampilly Nagar, Cochin-36. 2. The Secretary, Kerala State Housing Board, Thiruvananthapauram. 3. The Executive Engineer, Kerala State Housing Board, Thrissur Division, Ayyanthole, Thrissur-03. (By Adv.V.J.Mathew) Vs. Thongath Achuthan Nair, RESPONDENT 7/540,M-5/4, Ashok Nagar, Kanjani Road, Ayyanthole, Thrissur – 680003. (By Adv.N.P.Samuel) JUDGMENT SRI.M.K.ABDULLA SONA : MEMBER This appeal prefers from the order passed by the CDRF, Thrissur in the fileNo.1140/99 dated 9.1.01. The appellants are the opposite parties in the OP prefers this appeal. 2. The brief of the case is that the opposite parties allowed a plot No.4 to the complainant in the housing scheme which was named Asok Nagar housing colony at Ayyanthole, Thrissur. The prayer of the complainant is seeking for a direction to execute the sale deed of his allotment and the scheme for which he entered into the Hire purchase agreement and was taken to possession and enjoyment. The opposite party contended that the hire purchase agreement had been executed on 10.1.1978 with Housing Board and as per the terms of agreement he was also affected the entire payment and therefore appellants have no authority to withheld execution of the sale deed in respect of the respondents allotment on making demand for further payments towards the cost of the land and the cost of the construction of the building in the landed property. The price of the plot was fixed at 5755.54 at the rate of Rs.20.37 per sq.meter and the cost of the house at Rs.31080/-. Out of which 30% of the land value and 20% of the building was liable to paid as the initial deposit and the balance with regard to the land value or labour to be paid in 12 equaled monthly instalments. Whereas the cost of the building was bound to be remitted in 180 instalments on hire purchase basis. It is further submitted that the purchase of the plot as well as the building by the respondent was govern by the terms and conditions of deed which was executively provisional in nature and all the payment as per the terms and conditions of the provisions of agreement the respondent/alottee was liable to shoulder the enhancement possession which was given by the Housing Board that was decree of the land acquisition court of the original owners of land in respect of the land against which they were disposes as per the law. But in this case the opposite parties is not having any case that any further enhancement in the head of land acquisition. But they contended that they spent huge money for the building developments and infrastructure developments including water supply and other common amenities. The opposite parties demanded additional amount which they spent for this purpose in the account of the complainant. The arguments in the complaint is that the amount demanded by the opposite party is illegal and it is not in detail and not on the basis of any statement of accounts etc. Hence the complainant prayed for directing the Forum below to pass an order for execution of the title deed by the opposite parties and other relief and costs. 3. The Forum below examined the entire evidence adduced both sides and ordered that the opposite parties(Housing Board and their officials) have no right to collect any amount from the complainant against value of the land and facts before refix for the final value as provided under Clause 10 of the agreement. From the part of the complainant Ext.P1 to P6 were marked as the documentary evidence and from the part of the opposite party Ext.R1 to R5 also were marked to support their case. For the appellant/opposite parties prefers this appeal from the above order passed by the Forum below. The counsel for the appellant is present. There is no representation for respondent. The counsel for the appellant vehemently argued on the grounds of the appeal memorandum and submitted that the finding of the Forum is not accordance with the law and evidence and the submission from the part of the counsel is that the impugned order by the Forum below is liable to be set aside. This Commission perused the entire evidence available in the case bundle and heard the arguments of the counsel for the appellant. We examined the Ext,R2 details of development works and Ext.R5 the copy of the statements of accounts. These two documents are not sufficient to prove that the such amount was spent by the appellant for both the building and infrastructure developments. And there is no evidence adduced by the appellant to prove that the respondent/complainant is liable to pay the amount demanded by the appellant. The order of the Forum below is only direction to the opposite parties to refix the final value as provided under clause 10 of the agreement executed between the appellants and respondents. This order is very reasonable and accordance with the law and evidence. It is duty of the appellant to furnish details of the amount to spent by them. Here there is no serious discussion is of the complainant is necessary. It is the right of the complainant to know the details of accounts from the opposite party-PSU. What is the difficulty to furnish such details to the complainant by the opposite party/appellants. The appellant is the Govt. of Kerala State public undertaking, well equipped with technical and financial experts in their office to maintain the details of accounts. The appellants has failed to adduce such a details not only to the complainant but also before the Forum below. This Commission is not satisfied above Ext.R2 and R5 produced and marked by the appellant before the Forum below. This commission is not seeing any reason to interfere in the order passed by the Forum below and the order passed by the Forum below is accordance with the evidence. The appellant/Housing Board is suppressing some material facts. It is nothing but a harassment from the part of the Housing Board. They are not only liable for Consumer protection Act but also for prevention of Corruption Act. It is nothing but abuse the process of justice. In the result this appeal is dismissed and confirmed the order passed by the Forum below. Both parties are direct to suffer their own respective costs. SRI.M.K.ABDULLA SONA : MEMBER SRI.S.CHANDRAMOHAN NAIR : MEMBER Ps
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