HRUSHIKESH DASH Vs. ORISSA STATE HOUSING BOARD

JUDGEMENT

(1.) This is an original case against the Orissa State Housing Board in which the complainant alleges deficiency of service on the part of the Board authorities for arbitrarily enhancing the costs of the building, and delivering possession of a defective house with regard to the flooring, sub-standard brick works and with various defects, etc. It is his case that he applied for allotment of a house as per an advertisement since 1988 under Annexure-1. House was assured to be completed by December, 1989. The Board completed the house by February, 1993. For this inordinate delay the complainant suffered monetary loss and from mental stress and agony. The costs of the house was originally fixed at Rs.2.5 lakhs under Annexure-1 but this was raised to Rs.4,60,174/- and then by another Rs.16,666/-. It is also alleged that the water supply, street light, drainage and sewerage system was wholly unsatisfactory causing great inconvenience to all the allottees. Hence, the complainant asked for compensation.

(2.) The Board filed a written version in which they took the plea, the complaint petition being barred by limitation, not maintainable as a consumer dispute, the delay in delivery of possession was due to several bottlenecks particularly when the first project to be constructed under Hudco Finance was abandoned on account of non-availability of land and this present project was taken up with regard to construction of 238 numbers Duplex Type Houses on the other side of the Highway on a new patch of land. This subsequent land was made available by the Government to the Orissa State Housing Board on May, 1989 and, therefore, this was the reason for escalation of the costs and also for delay. It is further averred that the escalated costs of the house fixed at Rs.4,55,111/- was communicated to the petitioner on 17.2.1993. Therefore, there was delay. Agreement was stated to be signed on 23.3.1993 and he took physical possession of the house bearing No.48 H. I. G. Duplex on 14.6.1993 in good condition.

(3.) Perused the documents on record. Heard the Counsel for both sides.