SACHINDRA NATH DUBEY Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) the complainant filed this case against the Bihar State Housing Board with the following reliefs: (i) Allotment of one M. I. G. house at Lohianagar at bargain price of Rs.27,500/-. (ii) Award of Rs.19 lacs and fifty thousand by way of compensation for harassment both physical and mental, and economic loss.

(2.) The brief fact of the case is that complainant on the basis of advertisement notified by the Bihar State Housing Board deposited earnest money of Rs.100/- along with an application for the allotment of a constructed house at Lohianagar, Kankerbagh, Patna on hire purchase basis at a price of Rs.27,500/-. The advertisement was published in the year 1967. The complainant deposited the initial amount of Rs.100/- on 31.1.1967 as per Annexure 1 receipt. The Housing Board also advertised on 8.12.1972 and 7.10.1978 for the allotment of houses/flats at Hanumannagar and Bahadurpur and old applicants were asked to renew their applications by depositing Rs.50/- and also a sum of Rs.6,500/- vide Annexure 2. The complainant in response to this advertisement renewed his old application by depositing the above amount of Rs.50/- and Rs.6,500/- on 21.12.1972 and 13.1.1979 respectively vide Annexures 4 and 5. The complainant made several representations before the Housing Board for the allotment of the house for which he has applied but after lapse of several years he has not been allotted a house either at Hanumannagar or at Bahadurpur. It is further case of the complainant that O. P. made illegal and arbitrary allotment of MIG house at Lohianagar, Kankerbagh violating its promise as per advertisement of the year 1967 though some of the applicants were allotted the house as per advertisement of the year 1967. The MIG house at Lohianagar was allotted to different persons on rental basis for 3 to 6 months only. It is further case of the complainant that O. P. Nos.2 and 3 for ulterior reason allotted the MIG house illegally and arbitrarily to the persons who have not applied as per advertisement of the years 1967 and 1971 in which the price was specifically advertised. Several persons approached the Hon'ble High Court, Patna in CWJC No.4187/1982. Serious strictures were passed against the O. Ps. regarding the way in which the MIG houses were allotted to different persons and some directions were given to the O. Ps. to be followed in the allotment of the house as per Annexures 6 and 7. The complainant was expecting to get MIG house as per advertisement out of 129 houses in Lohianagar but the complainant's claim was ignored. The complainant was fully satisfied that if the house is allotted on first come first serve basis he will surely get a house at Lohianagar out of 129 MIG houses. Therefore, he did not opt or apply in any other cooperative society including at police colony. The result is that till date neither the Housing Board allotted him house nor the complainant could have any house in Patna which has caused him serious mental, physical and economic loss.

(3.) It is further case of the complainant that in the year 1984 he met the Managing Director of the Housing Board and after hearing his grievances he got the petitioner inducted in MIG 114, Lohianagar on rent which was not finally allotted to any one. He was sure that this house shall be allotted to him but it was not allotted to him till date. On 20.10.1984 vide letter No.3676 he was offered a flat on third floor on higher price which the petitioner did not accept and requested to allot one MIG house out of 129 MIG houses against which he had made original application. The complainant continued to remain in the rented house No.114 and also got it prepared as it was in dilapidated condition after taking loan from Bank. When the Housing Board asked to vacate this house he moved before the S. D. M. , Patna (Housing Controller) who in its order dated 14.5.1985 ordered that he should not be evicted from the said house and this order was affirmed by the Hon'ble High Court, Patna in Cr. W. J. C. No.286/1987 (Annexure-8 ). It is further case that two other persons also started claiming this House No.114, on the basis of that they were allotted this house by the Housing Board and the complainant was forced to enter into litigation and he was asked as per Annexure-9 to continue his possession in the said house. The complainant has to fight regularly both before the Hon'ble High Court and in the Civil Court to continue his possession in the said MIG house. However, finally the Hon'ble High Court, Patna ordered that complainant has no claim over house No.114 since the house was under litigation between one Rajendra Sharma and Sardar Mohan Singh prior to his induction as tenant in the said house. Thereafter, the Housing Minister, Govt. of Bihar directed the Housing Board to allot him another house identical to house No.114 since he is an old applicant but he was not allotted house till date though house Nos.1 and 74 of MIG, Lohianagar were vacant and being an old applicant he was entitled to get one of these two houses. The complainant has vacated house No.114 at the order of the Hon'ble High Court. The complainant lost all hopes to get a house from the O. P. , and, therefore, was compelled to file the complaint before the State Commission with the above reliefs along with the annexure as referred to above.