RENUBALA MOHANTY Vs. ORISSA STATE HOUSING BOARD

JUDGEMENT

(1.) Deficiency in rendering the service of providing residential accommodation is grievance of the complainant.

(2.) Opposite party took up a Self Financing Housing Scheme at Barasunda, Bhubaneswar to meet a long felt need at Bhubaneswar for construction of residential houses of Higher Income Group people who can afford to pay the full cost of houses during the construction period. A brochure to that effect was published by Opposite party where it was stated that costs of Duplex-A type category houses over an area of 3,000 square feet land with ground floor construction of 1157.8 square feet and 1st floor construction of 438.7 square feet would cost of Rs.2,20,000/- which would include cost of land and development cost of infrastructure. Complainant who is an employee in Utkal Machineries, Kanabahal, desirous of owning a house at Bhubaneswar, filed an application in June, 1986 for such house along with an amount of Rs.10,000/- as required by Opposite Party. When complainant could not get any information about the result of her application, she sent reminder on 20th January, 1987 and 29th June, 1987. In the second reminder she stated that she came to know from reliable source that allotment has been done and her name in the first position in the waiting list has come down. She and her husband personally met or made communications to various officers of the Housing Board at different times. On 30th January, 1988 she came to learn from private sources that her application was in second position in the waiting list and 2 more houses are going to be constructed as decided by the Board with anxiety to have a roof for her. On 22.8,1988 she filed another application with deposit of Rs.20,000/- for allotment of a house to be constructed in Jagmura Complex. That day how- ever, her application offering for a house in Baramunda Complex under Self financing scheme was accepted by intimating that a house in M. I. G. Duplex-A type for which she applied, has been allotted to her provisionally. Condition of payment, amongst others was mentioned in the letter of allotment. On receipt of the letter of allotment, on 29.8.88 she requested to cancel the application for Jagmura allotment of house in Complex and to divert the amount of Rs.20,000/- deposited along with that application, towards the first instalment payment of Baramunda house allotted. On 27.9.88 the 'a' type Duplex house bearing No. A-43 was finally allotted in her favour. On 4.12.89 she was intimated that there is default in payment in the 3rd instalment which she was called upon to pay by 31st December, 1989. Since 2237 square feet land adjoining to her plot was to be transferred in her favour, she was called upon to deposit Rs.16,555/- more on that account. Complainant addressed a letteronl 3.12.89 stating that information relating to default is not correct since she had paid the same. She had apprehension that the fittings, windows and doors etc. would be destroyed in case possession of the house is not given to her early. When she did not get possession, she made some correspondences and thereafter addressed a letter to this Commissioner on 17.4.1991 requesting intervention of the President. On 30.4.91 she sent another letter to the Commissioner which was received on 4.5.91 on basis of which this Dispute case was registered. After preparing copies notice was sent to Opposite Party on 21.6.1991 by registered post with postal acknowledgement when such postal acknowledgements were not received back even after 30 days of despatch, notices were accepted to be sufficient.

(3.) On 5.9.1991 opposite parties intimated complainant that she is to pay Rs.14.630/- towards the development cost of the additional area of 1937 square feet which is adjacent to her house No. A-43. Complainant made a grievance of the same on 12.9.1991. She was reminded of the same on 14.10.1991 and was requested to take over possession on deposit of the same. On her depositing the amount on 18.11.1991, letter authorising to take possession on 20.12.1991 was issued on 2.12.1991 and she has taken possession of the house in month of March, 1991.