Tmt.M.S.Kamarunisssa Begam v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.4063 of 2021 M.S.Kamarunissa Begum
...Petitioner
-Vs -
1. The State of Tamil Nadu, Rep. by the Secretary to Government, Housing and Urban Development, HB 5-2 Department, Secretariat, Fort St. George, Chennai - 600 009.
2. Tamil Nadu Housing Board, Rep. by its Managing Director, Nandanam Division, Anna Salai, Nandanam, Chennai - 600 035.
3. The Executive Engineer/ Administrative officer, K.K.Nagar Division, TNHB, Ashok Nagar Shopping Complex, First Floor, Ashok Nagar, Chennai - 600 083.
4. The Manager, Marketing & Services, K.K. Nagar Division, TNHB, Ashok Nagar Shopping Complex, Chennai - 600 083.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the fourth respondent in letter dated 13.01.2021 in Letter No.K.K.Na./B1/1880/2016, and quash the same and direct the third respondent to register the sale deed in favour of the petitioner with respect to LIG flat bearing No.A5/8, 384 LIG Ramapuram Self Financing Scheme.
For Petitioner : Ms.M.Sneha For Respondents For R1 : Mr.P.Sanjay Gandhi Government Advocate For R2 to R4 : Mr.D.Veerasekaran Standing Counsel.
ORDER
This writ petition has been filed challenging the order dated 13.01.2021 passed by the fourth respondent, thereby made demand to the petitioner to pay a sum of Rs. 4,51,185/-, within a period of 30 days for execution of sale deed.
2.
The respondents board had constructed dwelling houses to various individuals on no profit and no loss basis consisting lower/middle/higher income groups. The third respondent notified the details about the construction of lower income group flats at Ramapuram and invited applications. As per the advertisement, the constructed tenement would be around 570 sq.ft., and the total cost of the flat was Rs.20,84,000/-. The petitioner submitted application along with deposit of Rs.1,05,000/- viz., 5% of the total cost. The petitioner was selected and alloted flat No.A-5/8 by way of allotment letter dated 02.05.2016. Thereafter, the third respondent had entered into agreement for sale and as per the agreement for sale, the project has to be completed within a period of 18 months and the same could be extended upto six months in the event of unforseen conditions and act of God. 3.
Thereafter, the petitioner availed loan from the HDFC bank. Though the respondents had fixed time for completion of construction 18 plus 6 months, it was completed only in the 30th month viz., October, 2019. Therefore, the HDFC bank disbursed the loan amount from time to time on seeing the level of construction. Therefore, the last three installments were not disbursed due to the delay in construction by the
respondents. The possession of the said flat was handed over to the petitioner on 01.11.2019. When the petitioner requested for registration of sale deed, after payment of entire sale consideration, the fourth respondent issued letter dated 13.01.2021, thereby directed the petitioner to pay difference of Rs.3,30,000/- and also a balance amount totaling a sum of Rs.4,51,185/- for registration of sale deed. Hence, the present writ petition.
4.
The learned counsel appearing for the petitioner submitted that the respondents had advertised inviting applications for purchase of lower income flats to an extent of 570 sq.ft., for the sale consideration of Rs.20,84,000/- only. However, now the respondents made demand for total plinth area of 684 sq.ft. That apart, they charged interest for the belated payment. The delay caused only by the respondents for completing the construction, since the banker of the petitioner disbursed the loan amount from time to time on the basis of the completion of construction.
5.
The third respondent filed counter and the learned Standing Counsel appearing for the respondents board submitted that after
allotment order, the petitioner paid the dues as follows :- Sl.No Scheduled due Scheduled amount Paid date actual Receipt No.
Paid amount Mainten ance charge/ corpus amount Remar ks 05.03.2016 05.03.2016 31052 1,05,000 Initial deposit 12.04.2016 20.04.2016 31878 1,05,000 03.06.2016 (3rd due) Rs.3,12,600 25.06.2016 32768 3,12,600 31.07.2016 (4th due) Rs.3,12,600 17.08.2016 34309 3,12,600 31.10.2016 (5th due) Rs.3,12,600 12.12.2016 35163 3,12,600 31.01.2017 (6th due) Rs.3,12,600 16.02.2017 41874 3,12,600 30.04.2017 (7th due) Rs.3,12,600 04.01.2019 48560 6,23,600 31.07.2014 (8th due) Rs.2,08,400 Handing over (9th Rs.1,02,600 due) 04.10.2019 99620 Mainte nance charge 04.10.2019 99621 10000 Corpus amount Total 20,84,000 11000 After receipt of the entire payment of Rs.20,84,000/- towards tentative cost of the flat and Rs.11,000/- towards corpus fund and maintenance charges, the physical possession of the flat was handed over to the petitioner on 01.11.2019. On examination, the total plinth area of the said
flat is 684 sq.ft., and therefore, the petitioner has to pay the cost for the increased plinth area. Further, the petitioner has made delayed payment of installments towards the tentative cost of the flat. Therefore, the petitioner is liable to pay cumulative interest at the rate of 10.5% for the belated payment.
6.
Heard the learned counsel appearing on either side and perused the materials placed before this Court. 7.
The petitioner was alloted a flat to the extent of 570 sq.ft., as per the advertisement. However, after construction the total plinth area of the said flat is 684 sq.ft. Therefore, the construction cost of the flat has been increased. In fact, the square feet rate as per the advertisement is Rs.3,654/- tentatively. However, after completion of construction, the cost of construction has been reduced to Rs.3,534/- per square feet. Accordingly, for the plinth area of 684 sq.ft., the cost has been fixed at Rs.24,14,000/-. Therefore, the petitioner is liable to pay the difference cost of Rs.3,30,000/-.
8.
As rightly pointed out by the learned counsel appearing for
the petitioner, there was a delay in completion of construction by the respondents by six months. Therefore the petitioner could not able to make the payment within the due date. As per the tabular column, there was very meager delay of less than 30 days for each dues. As per the agreement, the respondents ought to have completed the construction within the period of 24 months from the date of allotment viz., 02.05.2016. However, they completed the construction belatedly and therefore, the petitioner is not liable to pay any interest for the same. Further, the petitioner is liable to pay the difference in cost, since the plinth area has been now increased from 570 sq.ft., to 684 sq.ft., and the petitioner is also liable to pay the interest for the difference in cost of Rs.3,30,000/- from the date of issuance of demand viz., 13.01.2021. 9.
Accordingly, the impugned order dated 13.01.2021, passed by the fourth respondent in Letter No.K.K.Na./B1/1880/2016, is hereby quashed. The fourth respondent is directed to calculate the interest for the difference in cost and issue fresh demand, within a period of two weeks from the date of receipt of a copy of this Order. On receipt of the same, the petitioner is directed to pay the balance amount within the period of three weeks thereafter. On receipt of the entire amount, the third
respondent is directed to execute the sale deed in favour of the petitioner forthwith.
10.
With the above directions, the Writ Petition stands partly allowed. Consequently, connected miscellaneous petitions are closed. There shall be no orders as to costs.
05.04.2024 Index : Yes/No Speaking/Non Speaking order rts
To
1. The Secretary to Government, State of Tamil Nadu, Housing and Urban Development, HB 5-2 Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Managing Director, Tamil Nadu Housing Board, Nandanam Division, Anna Salai, Nandanam, Chennai - 600 035.
3. The Executive Engineer/ Administrative officer, K.K.Nagar Division, TNHB, Ashok Nagar Shopping Complex, First Floor, Ashok Nagar, Chennai - 600 083.
4. The Manager, Marketing & Services, K.K. Nagar Division, TNHB, Ashok Nagar Shopping Complex, Chennai - 600 083.
G.K.ILANTHIRAIYAN. J, rts and W.M.P.No.4063 of 2021 05.04.2024