ORISSA STATE HOUSING BOARD Vs. SANTOSH KUMAR NANDA

JUDGEMENT

(1.) Delay condoned.

(2.) Sometime in the year 1989 the Respondents/Complainants were allotted MIG (Self-Financing Scheme) houses under the MIG Housing Scheme at Chandrashekarpur, Orissa advertised by the Appellant in the year 1988. The possession of the houses was to be delivered by 31.12.1990. However, actual physical possession of the houses was delivered in or around September, 1992. Aggrieved by the delay in delivery of possession; enhancement in cost; defects in construction, the Respondents filed Complaints against the Appellant Housing Board, claiming the following reliefs:

(3.) The Complaints were contested by the Appellant, inter-alia, on the ground that the price of '2.5 lakh was purely provisional and it had to be raised to '3.43 lakhs due to unavoidable circumstances for completion of construction. The delay took place on account of heavy rains in 1989 and 1991 as well as due to non-availability of bricks, frequent interruption in construction work, increased labour rates during that period, scarcity of cement from February to June, 1991 and delay in installation of 33 KV sub-station by the Orissa State Electricity Board (OSEB). The plinth area was increased from 1200 sq. ft. to 1403 sq. ft. A writ petition bearing OJC B No. 3181 of 1989 was filed in the Orissa High Court relating to land in dispute, which led to the delay in construction and increased cost of construction. It was pleaded that the causes for delay were beyond the control of the Housing Board and it had taken every care to rectify the defects pointed by the allottees after joint inspection. Alleged discrimination in the costing of other duplex houses in the same area and at Nageswar Tangi; adverse report of the Vigilance Squad and Committee on Public Undertaking of the State Legislature relating to the quality of the work executed in the scheme, etc. were also denied.