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3. As per the direction, the opposite party claimed a sum of Rs.37,934/- as well claimed a sum of Rs.1,14,063/- as revised land costs, as per the letter dated 7.7.2006, that is against the order of this commission. Since the opposite party failed to execute the sale deed, execution proceedings also filed, where, a direction has been issued to execute the sale deed, which was challenged before this Commission in R.P.39/2008. As per the observation made by this Commission, a Demand Notice was issued, claiming enhancement, against the order passed by this Commission in AP.740/2005, which was disposed, as per the order in AP.87/2001, in which, both the complainant and the opposite party are the parties. After the disposal of LAOP case by the Sub-Court, Nagapattinam and as per the direction of this Commission, the complainant if at all entitled to pay only a sum of Rs.18,111/- and the opposite party should execute the sale deed. The opposite party instead of collecting that amount, issuing Demand, insisted to pay more amount, namely Rs.1,08,000/-, unnecessarily and unjustifiably. Thus, levelling negligent and deficiency in service, this complaint came to be filed, seeking direction against the opposite party not to demand anything on revised tentative cost, to give same benefits as given to the party in AP.740/2005, regarding the enhanced land cost without interest and for compensation for mental agony etc.,  

8. Admittedly, even as evidenced by the Certificate issued by the opposite party dated 17.12.94, the entire tentative cost of the house was paid.

It is also not in dispute that the cost so paid only tentative, thereby indicating that the opposite party is entitled to fix the final cost, depending upon the LAOP or the completion of the building as the case may be, as applicable. It is also an admitted fact, that the land owners had challenged the compensation granted by the Land Acquisition Authorities, resulting enhancement of compensation also. Therefore, taking into account, the complainant had paid the entire tentative cost, as of right, he cannot insist or compel the opposite party to execute the sale deed, without paying the enhanced land cost. But, a Demand notice was issued, claiming enhanced cost, that was challenged by the complainant in COP.1/98, wherein, the District Forum held, as if, the opposite party is not entitled to claim enhanced cost, whereas, they have to pay some amount, which order reads "We direct the opposite party-2 to execute the sale deed within 2 months from the date of receipt of copy of the judgement. We also direct the opposite party-2 to pay a total sum of Rs.23,500/-. This amount shall be paid within two months from the date of receipt of copy of the judgement".