TAMIL NADU HOUSING BOARD vs S. ELANGOVAN

Thiru Justice E.J. Bellie, President

THIS appeal is by the opposite party Tamil Nadu Housing Board [TNHB] against which an award has been passed by the District Forum. The complainant was allotted a house by the opposite party under G.O. Ms. No. 30 dated 8.11.1990. Previously it appears this house had been allotted to one Rajeswaran on 20.11.1986, but subsequently that allotment was cancelled atthe request of the said Rajeswaran and then the allotment was made to the complainant as stated above. As per the allotment order the price was fixed at Rs. 1,08,786/- and as directed by the opposite party the complainant had also paid Rs. 10,880/- towards 1/10th of the said cost. The balance amount payable was Rs. 97,906/- which amount the complainant was paying in monthly instalment of Rs. 1,705/-. The case of the complainant is that in a letter Ex. A-4 No. BS/B- 1/60342/89, dated 18.9.1991 the Executive Engineer had written a letter to the Chairman of the Housing Board regarding the flat in question stating that the cost may be fixed at Rs. 85,798/-. According to the complainant this would show that the cost of the flat would be only that much and not more than that and the complainant cannot be asked to pay amount more than that. Thus alleging the complaint has been filed for directing the opposite party to fix the price at Rs. 85,798/- and recover that amount alone and not more than that. The opposite party contended that in the allotment order the price had been fixed. Subsequently the letter written by the Executive Engineer to the Chairman of the Housing Board cannot alter mat price. It is further stated by the opposite party that taking into consideration several circumstances like payment of interest by them to the financiers, the price was fixed at the time of allotment and that cannot be asked to be changed.

The District Forum held that in view of the letter Ex. A-4 it will not be proper on the part of the opposite party to demand a price more than the amount stated therein and thus holding the District Forum directed the opposite party to fix the price only at Rs. 85,789/-.

NOW in the appeal, it is contended by the learned Counsel for the appellant/opposite party that the order of the District Forum is unsustainable and is against law and facts of the case. We find much force in this contention. In the allotment order the price has been fixed at Rs. 1,08,786/- and the complainant has also paid a sum of Rs. 10,880/- towards 1/10th of the said cost and the balance amount he was to pay in instalments. While so, only because the Executive Engineer has written the letter Ex. A-4 to the Chairman, Housing Board which appears to be written in connection with some other flat, the complainant cannot take advantage of that letter and claim that the price cannot be fixed more than the amount stated in that letter viz., Rs. 85,798/-. That letter is only an internal one between the Executive Engineer and the Chairman of the Housing Board. Further, pricing is not a subject that can be agitated before the Consumer Forum. Hence, clearly the District Forum was wrong in directing the opposite party to fix the price at Rs. 85,798/-. In this view of the matter, we allow the appeal, set aside the order of the District Forum and dismiss the complaint. However, there will be no order as to costs. Appeal allowed.