EXECUTIVE ENGINEER And ADMINISTRATIVE OFFICER TAMIL NADU HOUSING BOARD vs B.N.ARJUNAN

THE opposite party Executive Engineer and Administrative Officer, Tamil Nadu Housing Board who is aggrieved by the order of the District Forum granting an award against him is the appellant.

THE facts are; the Housing Board has allotted Flat No. B 3 Cowley Brown Road to the complainant for a sum of Rs. 31,700/-. THE complainant has paid the entire amount. But the sale deed has not been executed. According to the complainant even though the entire amount has been paid, inspite of several demands, the Housing Board has not executed the Sale Deed. This amounts to deficiency in service on the part of the opposite party, Housing Board. On this allegation the complaint has been filed for directing the opposite party to execute the sale deed. The opposite party contended that the complainant is liable to pay Rs. 24,100/- which has been demanded as difference in the cost on 23.2.90. Without payment of this amount the complainant cannot ask for execution of the Sale Deed. Therefore the complaint is liable to be dismissed.

The District Forum came to the conclusion that the demand of the Housing Board for a amount of Rs. 24,100/- in excess of the amount already agreed is not reasonable and acceptable and therefore their refusal to execute the Sale Deed is not proper. On this finding the District Forum gave an award directing the opposite party to execute the Sale Deed as required by the complainant. It has also awarded a compensation of Rs. 1,000/- with a costs of Rs. 300/-,

NOW in the appeal the opposite party contends that the order of the District Forum is against the evidence and the probabilities in the case and, therefore, it cannot be sustained. On a careful consideration of the matter we are of the view that there is nothing that warrants interference with the order of the District Forum. It appears, according to the opposite party, because of the land acquisition proceedings the land value had increased and, therefore, the complainant is liable to pay that increased land value also and that is how they have claimed an excess amount of Rs. 24,100/- and this amount the complainant is liable to pay. But we find nothing in the records to show that there was any such land acquisition proceedings. Therefore, there is no basis for the opposite party to claim the said amount of Rs. 24,100/-. It is not the as of the opposite party that the complainant is due any other amount. This being the position there is no justification in the opposite party contending that without payment of Rs. 24,100/- the complainant is not entitled to execution of the Sale Deed. Therefore, clearly there is deficiency in service on the part of the opposite party. In this view of the matter we hold that the District Forum is correct in giving direction to the opposite party to execute the Sale Deed as required by the complainant. As regards the compensation amount of Rs. 1,000/- awarded also, we do not think that it is in any way excessive.

IN the result therefore we find no merit in the appeal. Accordingly the appeal is dismissed. However, there will be no order as to costs in this appeal. Appeal dismissed.