TAMIL NADU HOUSING BOARD vs KO. THIRUGNANA SELVAM

THE opposite parties are the appellants. THE 1st complainant''s case is that the opposite parties issued advertisement stating that a house will be offered for sale and those who are desirous of applying can send Rs. 20/- by post order and obtain the necessary application. THE complainant who was anxious to have an own house applied for allotment of a house and sent a sum of Rs. 1,500/- accordingly. THE sum of Rs. 1,500/- was sent towards registration fee. But the opposite parties have not taken any steps at all and there was also no response to the letter sent by the 1st complainant. Thus the hopes of the 1st complainant were dashed into pieces. THE 1st complainant, therefore, has laid the complaint seeking the return of Rs. 1,500/- as interest at 18% and a sum of Rs. 1,50,000/- as compensation.

THE opposite parties contended as follows: It is true that the applications were called for Chidambaram area with a view to assess the demand from the public and also to take necessary steps for acquiring land in suitable places. A number of applications were received. THE others who were unwilling to get the allotment asked for refund of deposit and they were refunded. THEre is no decision to drop the scheme. It is due to the administrative delay, the progress could not be made. THE allotments are made only through lot system. THE complainant can apply for the refund of deposit which may be refunded with interest and the cost of application will also be paid to him. THE process of acquiring land is going on. THEre is no question of mental agony alleged in this case. The lower Forum accepted the complaint and directed the opposite parties to refund the sum of Rs. 1,500/- and the application fee of Rs. 20/- with you interest at 18% and further directed the opposite parties to pay compensation of Rs. 20,000/- and a sum of Rs. 5,000/- towards mental agony with cost of Rs. 500/-. Hence, this appeal.

No doubt the opposite parties namely the appellants herein launched a scheme for the construction of houses in Chidambaram area and invited applications. Pursuant to the same the complainant sent a sum of Rs. 1,500/- towards registration charges as deposit fee for application of allotment. Thus, the case is now only in the nascent stage. There is no concluded contract between parties. There was an advertisement pursuant to which the complainant has made a deposit to express his willingness to offer. Therefore, the complainant cannot ask for any reliefs on the ground of deficiency in service. The complainant is only entitled to refund of the deposit along with the interest. The opposite party has always been ready and willing to refund the said amount. They have in fact written under Ex. C3 stating that they are willing to refund the deposit amount to those who are applied for refund of the deposit and was also requested the complainant to get the refund of deposit by submitting the original receipt together with the enclosed refund voucher duly filled. That, the complainant has omitted to do so. The opposite parties were not able to go ahead with the scheme because of the difficulty in obtaining the necessary land for acquisition. Therefore, in such circumstances, the lower Forum was not justified in awarding a sum of Rs. 20,000/- towards escalation prices and a sum of Rs. 5,000/- towards mental agony along with cost of Rs. 500/-. There was no guarantee or assurance given by the opposite parties. What was made by the complainant was only a deposit. If they are not able to complete the scheme, it may be due to various reasons. There is also no stipulation found in the notice for registration of demand for houses providing any time limit or time frame for completion of houses. Further the allotment will be made only subject to availability and eligibility and the allotments are made by way of lots. Therefore, at no point of time, any assurance was given by the opposite parties that the complainant would be allotted a house or flat. Therefore, in such circumstances, the order of the lower Forum granting the above reliefs cannot be accepted at all.

THE opposite parties are ready and willing to refund the sum of Rs. 1,520/- along with interest. However, with regard to the interest, though the opposite parties have intimated vide their letter 27.12.1996 that the original receipt together with the enclosed refund voucher is duly filled and signed by the complainant, the complainant has omitted to do so and has come forward with this complaint only on 23.10.1996 and, therefore, we are of the view that the complaint is not entitled to interest on the said amount. In the result, this appeal is allowed and the order of the lower Forum is modified with a direction to the opposite parties to pay a sum of Rs. 1,520/- to the complainant. In the circumstances, the parties are directed to bear their own costs here and before the lower Forum. Time for compliance : Two months. Appeal allowed.