GENEVIEVE NASSAR AND STATE HOUSING CO. LTD. [2000]DLCHRAJ5796

Date	2000-05-19
Suit No.	Our Ref: CHRAJ/254/97/1856
Citation No.	[2000]DLCHRAJ5796

BENJAMIN K. OPPONG

[2000]DLCHRAJ5796
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">GENEVIEVE NASSAR<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">STATE HOUSING CO. LTD.<o:p></o:p>(RESPONDENT)<o:p></o:p>(CHRAJ)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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Our
Ref: CHRAJ/254/97/1856&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;19/05/2000<o:p></o:p>

</div>COMMISSIONER:<o:p></o:p>BENJAMIN K. OPPONG DEPUTY COMMISSIONER
LEGAL/OPERATIONS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">DECISION<o:p></o:p>

</div>The
complainant has lodged this complaint against the respondent for failing to
provide her with a State Housing House type SH.8 as agreed between the parties.<o:p></o:p>According
to the complaint her dealings with the respondent dates as far back as 1975.
The complainant stated that she applied for a Housing Loan from the First Ghana
Building Society. The amount granted her was ¢11,340.00 and paid same to the
respondent. The respondent according to the complainant failed to or perform
their part of the agreement to give her a house for over 19 months. In May 1977
the complainant withdrew her application and asked for the refund of her money.
The complainant explained that she was compelled to take that step because the
interest payments on the principal sum at the bank was swelling to prohibitive
heights which her resources could not meet or tolerate. Besides the projected
cost of the price of the respondent's house kept increasing.<o:p></o:p>In
1981 the complainant revived her application for a house and made the necessary
payment amounting to ¢78,000.00 for a type SH.8 house.<o:p></o:p>After
about three (3) years in 1983 the complainant said he was advised by officials
of the respondent institution to ask for a type SH6 instead of the initial type
SH.8. She agreed to the advice. This became necessary because due to the delay
on the part of the respondent the price of a type SH.8 had shot up to a level
which the complainant's resources could not meet.<o:p></o:p>The complainant, desperate as she had
become, was susceptible to any suggestion as to how she would achieve her aim
of owning a house.<o:p></o:p>It
was suggested to her quite outside the terms of the original agreement to
accept empty plots of land some situated at forsaken marshy areas for which she
was obliged to pay out some monies for preparation of site plans which were all
acts she had not contracted for.<o:p></o:p>The
complaint was referred to the respondent for their comments. In their letter to
the Commission the Director of Estates confirmed the narration of the
complainant and admitted that the complainant had been having discussions with
officials of the respondent's institution.<o:p></o:p>The respondent mentioned the discussion
had with the complainant to allocate her with a plot and concluded that if the complainant
insisted on a house same would be offered her at the current price.<o:p></o:p>The complainant's reaction to this is that
she would insist on a house as already agreed upon but she is of the view that
to offer her the house at the current price would be unfair to her.<o:p></o:p>The
issues which fall to be determined are:<o:p></o:p><p class="MsoNormal" style="margin-left:.5in;text-align:justify;text-indent:-.25in;
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