H P ROY Vs. GOVERNMENT OF BIHAR

JUDGEMENT

(1.) This complaint has been filed by the complainant, Shri H.P. Roy alleging deficiencies in service, on the part of O.P. Government of Bihar & Ors. for not allotting the house in which he was living as a tenant to him under Hire Purchase Scheme.

(2.) The facts of the case as per complaint are that the complainant was an employee of M/s. Tata Yodogawa Ltd. at Jamshedpur, Bihar where the employer had taken several houses on rent from the Bihar State Housing Board (BSHB) since, 1969. The complainant was occupying one of them bearing No. M-24. Upon BSHB floating a scheme for permanent scheme of rental house in 1976, the complainant registered himself after paying Registration fee of Rs. 50/-. Formal application was made in July, 1980. All the formalities were completed but the house was not allotted in his favour in spite of his having deposited Rs. 6,500/- in August, 1980 in the account of BSHB. According to complainant, he came to know (no time frame) that the house M-24 is going to be allotted to one Executive Engineer of BSHB, in the light of which the complainant and his General Manager met the Minister for Housing, Bihar on 19th August, 1980. The Hon'ble Minister assured them to settle the matter through another meeting. It is his case that some other similarly situated colleagues were allotted the house in which they were living but not him. This is a clear case of deficiency in service on the part of respondents. He did whatever he could but to no avail. For prosecuting the matter in good faith he was threatened and he had to leave Jamshedpur. After seeing an advertisement for a house in Calcutta for which he applied, got the allotment, and moved to this house in 1993. He had to pay Rs. 8,39,628/- for this. Had the house been allotted in Jamshedpur, it would have costed around Rs. 50,000/- only. The complainant issued notice on May, 1996 for refund of earnest money amounting to Rs. 6,500/- with interest @ 18% but received no reply.

(3.) It is in these circumstances that the complaint was filed with a prayer to direct the respondent to pay him Rs. 30,65,473/- comprising Rs. 20,06,473 towards actual loss and Rs. 10.59 lakhs towards compensation, harassment and mental agony.