HRUSHIKESH SWAIN Vs. ORISSA STATE HOUSING BOARD

JUDGEMENT

(1.) Appellant was the complainant before the State Commission, where he had filed a complaint alleging deficiency in service on the part of the respondent, Orissa State Housing Board.

(2.) Very briefly the facts of the case are that the respondent floated a scheme for building low category flats at Chandershakerpur in Orissa for which Rs. 1,200 were deposited by the appellant in the year 1985-86. A provisional letter of allotment was issued on 7.8.1987 which stated that the appellant has been allotted a flat No. NC-II-111/9 for which the appellant deposited a sum of Rs. 4,000 on 1.5.1992. Later on the appellant was communicated that he has been allotted LIG Flat No. LC-II 140/24 at Chandershakerpur in lieu of the flat No. 111/9 allotted to him earlier, final cost of which was fixed at Rs. 30,000 and the appellant was directed to deposit the remaining amount of money, over and above deposited by him an also asked to provide non-judicial stamp paper. The appellant wrote to the respondent on 11.6.1992 stating that since he has been allotted 111/9, change of allotment is not in order. Respondent did not relent but instead issued a reminder to the appellant to comply with the requirements mentioned earlier by 24.11.1992 failing which the allotment shall stand automatically cancelled. Since the matter could not be resolved, a complaint was filed before the State Commission, who after hearing the parties dismissed the complaint on two grounds namely, that the flat No. 111/9 is not available for allotment as it has been allotted/in the possession of someone else and secondly the appellant has accepted the cheque for the deposited amount issued by the respondents, hence nothing survives. Aggrieved by this order, this appeal has been filed before us.

(3.) We heard the learned Counsel for the parties and perused the material on record. Basic facts are not disputed hence are not being reproduced. There is no dispute that originally flat No. 111/9 was allotted and subsequently modified to Flat No. 140/24 under the same scheme. As per material brought on record by the concerned Executive Engineer, this particular flat is not available for allotment as it has been given to some one else, through General Admn. Dept. of the State to someone else. The State Commission passed the order based on material which was before them and after the record was produced by the concerned Executive Engineer. It is also not denied that the appellant was not inclined to accept the flat No. 140/24 in view of which the Housing Board had no other choice but to refund the amount, which was done.