SARTHAK BEHURIA Vs. ORISSA STATE HOUSING BOARD

JUDGEMENT

(1.) THESE are two cross appeals arising out of the order of the State Commission, Orissa at Cuttack passed in Case C.D. No. 4 of 1990.

(2.) A complaint was filed by the Appellants in the above appeal No. 19 of 1991 against the Respondent in that appeal i.e., the Orissa State Housing Board (for short the Board) and Shri M.C. Dash, Executive Engineer of the Board. In Appeal No. 24, the parties have changed their. The case of the Complainants is that the Board had floated a Scheme construction of residential house under H.I.G. (Self-finance) Housing Scheme at Baramunda, Bhubaneswar. The houses were to be constructed on a plot measuring 3,000 sft. Each of the Complainants made an application for allotment of a Duplex 'A, category of house. According to the brochure, the period of construction was tentatively fixed as two years commencing from 1st September, 1985. The entire cost of the house was to be paid during the period of construction in the manner laid down in the brochure. Each house at Duplex A, category was estimated at Rs. 2.20 lakhs approximately. The total co

(3.) DURING construction of the houses, the father of the Complainants, Shri N.C. Behuria, visited the same and found defects in the construction and pointed out same at the spot as well as in the office of the Board which were coldly received by the Board and its officers. Complainants had several correspondences with the Board and its officers. Lastly, in December, 1989, they got the houses examined by Shri B.N. Sahu, retired Chief Engineer and registered valuer who assessed the defects to be rectified at Rs. 60,000/-. When the defects were not rectified, the Complainants filed the complaint claiming the following compensation: House No.A-17