S. VEERANASAMY vs MADURAI HOUSING BOARD

THE complainant is the appellant. He laid the complaint alleging that he was called upon by the opposite party namely the Tamil Nadu Housing Board, Madurai Housing Unit to pay a sum of Rs. 28,120/- by way of penal interest and another sum of Rs. 19,112/- towards penal interest and that he paid the same and the collection of penal interest is arbitrary and unwarranted and, therefore, the opposite party is bound to refund the same.

THE lower Forum relying upon the decision reported in I (1993) MLJ Page 161 and I (1995) CPJ page 7, held that the remedy of the complainant is only to approach the Civil Court and, therefore, the complaint is not maintainable and hence the complaint is liable to be dismissed. There is also a later decision of the Delhi High Court reported in 108 (2003) DLT 392=(2004) 8 CLD 453 (Delhi), that there was no illegality in imposition of surcharge and inclusion of same as part of cost and/or price of flat at the time of issuance of allotment letter.

The facts of this case on hand is one which cannot be considered to fall under the ambit of Consumer Protection Act. Here the complainant has been allotted a flat and he has paid the instalment amounts and has also obtained the sale deed. He is questioning the recovery of certain sums of money collected from him by way of penal interest by the opposite party. Therefore, if he is to question the terms of contract between the parties which has become concluded, the remedy of the complainant is only to seek the appropriate Forum for redressal of his grievance. There is no longer any relationship of consumer and the hirer of service subsisting between the parties. Further, the question whether the Housing Board is entitled to claim penal interest and whether there is a provision for the same in the agreement and whether the recovery of the same is legal or not are questions that can be agitated and gone into only before the Civil Forum. Therefore, the lower Forum rightly held that the complaint is not maintainable and dismissed the complaint. For our part, we find no reasons to take a different view. Consequently this appeal has to be dismissed and we accordingly do so.

IN the result, this appeal is dismissed confirming the order passed by the lower Forum with cost. Cost Rs. 250/-. Time for compliance: Two months. Appeal dismissed with costs.