TARA PRASANA SATPATHY Vs. DEPUTY CHIEF ENGINEER

JUDGEMENT

(1.) This Writ Petition involves the following prayer:- It is, therefore, prayed that this Hon'ble Court may graciously be pleased to:

(2.) Factual background appears to be Petitioner showing interest in the purchase of house in a Flat following the brochure floated by the Authority concerned, vide Annexure-1 in the Jeevan Bima Nagar-Phase II, Chandrasekharpur, Bhubaneswar, became an applicant showing his interest in the purchase of the particular house. Application submitted on payment of Rs.1,000.00(Rupees One Thousand) towards application fee and along with registration fee of Rs.50,000.00(Rupees Fifty Thousand) in shape of Bank Draft. Following the completion on the application aspect lottery procedure was adopted and in the lottery drawn on 18/7/2010, the Petitioner was allotted Flat No. 203 at Block No.-A2 building under PHHS (Phase-II), Chandrasekharpur, Bhubaneswar. It is claimed that for the scheme providing opportunity of availing house loan, the Petitioner got engaged with LIC Housing Finance Ltd. for making available of the installment amount. It is on such request, the LIC Housing Finance Ltd. vide their letter dtd. 20/7/2010 asked the Petitioner to submit the documents for processing of the house loan. The Petitioner through pleading at Paragraph-6 claimed that he has provided all such documents and information.

(3.) While the matter stood thus, the Petitioner received a communication dtd. 8/12/2010 from Opposite Party No. 1 for immediate payment of a sum of Rs.13,63,000.00(Rupees Thirteen Lakh Sixty-Three Thousand). It is on receiving of this letter, the Petitioner again approached the Housing Finance Ltd. involved herein, claims that the LIC Housing Finance Ltd. also assured the Petitioner as communicated vide letter dtd. 8/12/2012. It is further claimed while the Petitioner remained in bona fide belief that the installment should be paid to Opposite Party No. 1 by the LIC Housing Finance Ltd. on 29/4/2011, the Petitioner received another letter from Opposite Party No. 1 directing to make the payment of a sum of Rs.13,63,000.00(Rupees Thirteen Lakh SixtyThree Thousand). The Petitioner requested for grant of sometime and in the meantime kept him engaged with the financer herein. Opposite Party No. 1 in the meantime vide communication dtd. 6/9/2011 at Annexure-8 communicated the Petitioner on its decision cancelling the allotment in favour of the Petitioner and thereby also forfeiting the registration money of Rs.50,000.00 (Rupees Fifty Thousand) deposited therein. Through further pleadings, the Petitioner claims immediately thereafter he approached Opposite Party No. 2 with a Bank Draft of Rs.4,00,000.00(Rupees Four Lakh), which he had already prepared before the letter of cancellation, he has received. Opposite Party No. 2 was requested for recalling of the cancellation order on receipt of down payment. In the meantime Opposite Party No. 1 refusing to accept the amount stated for the cancellation order is already issued and he has to forward the representation of the Petitioner to Mumbai Office for their decision. The Petitioner here enclosed his request dtd. 12/9/2011 vide Annexure-9. It is on the premises that there was no receipt of any further communication, the Petitioner again made a representation on 30/4/2012 to the Opposite Party No. 2 enclosing all the documents and prayed for withdrawal of the cancellation order. Even in the application, the Petitioner disclosed his intention showing his readiness to pay the balance amount in one installment within seven days with interest as per rules. This letter find place here at Annexure-10. In absence of any correspondence to the communication of the Petitioner vide Annexure-10, the Petitioner sent series of reminders on 20/6/2012 as well as 13/7/2012 find place at Annexure-11 Series.