SRI U.M. MALLAPPA vs COMMISSIONER, MYSORE URBAN DEV. AUTHORITY

MR. M.L. Viswewaraiah, appears for the Complainat. Respondents 1 and 2 called and found to be absent after due service. Heard learned Counsel for the Complainant and perused the records. 1. On 8-4-1987, the Mysore Urban Development Authority, Mysore, called for applications from the residents of Mysore under "own your house scheme". The Complainant applied for the same and he was allotted a house No. 25 on site No. 739 by an allotment order dated 26-9-1987. The complainant has so far paid 3 instalments totalling Rs. 2,17,500/- . The Respondents were expected to hand over the possession of the building to the Complainant in about 2 years from the date of allotment, i.e., on or before 26-9-1989. The Respondents have failed to deliver the possession of the house. Hence, he has filed this complaint against the Respondents for directing the Respondents to put him in possession of the house and for compensation of Rs. 1,67,900/- with costs.

THE Complainant has produced copies of the receipts issued by the Respondents to show that he has in all paid Rs. 2,17,500/- to the Respondent. THE Respondents were expected to hand-over the possession of the house to the Complainant within 2 years from the date of allotment, i.e., 26-9-1987. Looking to the number of houses to be constructed by the Respondents, we think it proper to allow the Respondents a margin of 6 months since for completion of the construction of the house and hand-over possession of the same. THE Respondents ought to have handed over possession of the same, to the complainant on or before 31-3-1990. As they have not done so, we think it proper to direct the Respondents to pay interest at the rate of 12% p.a. on Rs. 2,17,500/- from 1-4-90 till the date of hand-over possession of the house by way of Compensation and costs of Rs. 500/- to the Comptt. As this is a case of hiring of service, the Commission cannot direct the Respondent to put the Complainant in possession of the house within a particular time. The Complainant is not entitled to other reliefs - namely, compensation of Rs. 1,67,900/- claimed by him in his complaint.

In the result, the complaint is partly allowed and the respondents are directed to pay interest at the rate of 12% p.a. on Rs. 2,17,500/- from 1-4-1990 till the date of hand-over possession of the house and costs of Rs. 500/- (Rupees five hundred only) to the Complainant. Within 2 months from today. Complaint partly allowed.