BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No. 485 OF 2022 AGAINST ORDERS IN C.C. 145/2014 DISTRICT CONSUMER COMMISSION, NALGONDA Between:

1. Vice-Chairman and Housing Commissioner, Telangana Housing Board, Gruhakalpa, M.J.Road, Nampally, Hyderabad.

2. Executive Engineer (Housing), Telangana Housing Board, Mahaboobnagar Division, D.No.5-84/3, Syed’s Complex, 1st Floor, Yenugonda, Mahaboobnagar Town.

………...Appellants/ Opposite Parties And:

Aoureshi Srinivas, S/o Lingaiah, Aged 50 years, Occ.: Business, R/o S.Lingotam Village of Kanagal Mandal, Nalgonda District.

……..Respondent/Complainant Counsel for the Appellants/Opposite Parties : M/s.D.Ranganath Kumar Counsel for the Respondent/Complainant : Called absent QUORUM:

HON’BLE SMT. JUSTICE DR.G.RADHA RANI, PRESIDENT HON’BLE SMT. R.S. RAJESHREE, MEMBER – (NJ)

WEDNESDAY, THE 25^th DAY OF FEBRUARY TWO THOUSAND TWENTY SIX *******

Order :

PER HON’BLE SMT. R.S. RAJESHREE, MEMBER (NON-JUDICIAL)

1. This appeal is filed by the Appellants/Opposite Parties u/s 15 of the Consumer Protection Act, 1986, praying this Commission to set aside the impugned order dated 16.02.2022 in CC 145/2014 passed by the District Consumer Commission, Nalgonda and consequently to dismiss the complaint and pass such other order or orders as may be deemed fit and proper in the circumstance of the case and in the interest of justice.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint, the Appellants as the Opposite Parties and Respondent as the complainant in the C.C.

3. The case of the complainant is that he is resident of Nalgonda town and does not have any house; that the then State of A.P. through the opposite parties have launched self-financing scheme for construction on independent houses basing on income limit of allottees at various parts of State including DVK Road, Nalgonda. The very purpose of launching the scheme is to provide house to the houseless lower income group people. In pursuance of the same, the opposite parties issued survey notification inviting applications from the eligible individuals for allotment of independent house, proposed to be conducted under the said scheme at DVT Road, Nalgonda Town vide notification dated 16.09.2010. The opposite parties mentioned in the notification two categories of houses i.e. HIG and MIG-II. Being attracted by the said notification, the complainant applied for allotment of a house in HIG Category by paying an amount of Rs.15,500/- towards application fee and registration. That as per the notification, the tentative cost for HIG house was Rs.13,60,000/-; that the opposite parties have issued a notice to the complainant on 31.05.2011 demanding an amount of Rs.1,21,000/- towards 10% of the cost of the house for considering his application for allotment of the house. Upon which, the complainant had paid Rs.1,21,000/- on 27.06.2011, along with the complainant, the other members have paid the said amounts. On 18.12.2012 the opposite parties have sent another notice to the complainant along with the other allottees stating that the tentative cost of the HIG category house has been increased to Rs.19,34,500/- and demanded the complainant to pay 10% of the difference amount which comes to Rs.57,500/-, stating that they have increased the plinth area of the said house about 200 sft. Upon which the complainant and other allottees have made a representation with the opposite parties requesting to maintain the original cost as stated in the notification. However, as the opposite parties have threatened to cancel the allotment, having no other option, the complainant paid sum of Rs.57,500/- through e-seva; that this decision of increasing the total cost of the house was taken by the opposite parties without any intimation to the complainant or other allottees. Even after paying the amount, the complainant and other allottees have collectively made several representations to the higher authorities of the opp