LALIT MOHAN MOHANTY Vs. ORISSA STATE HOUSING BOARD

JUDGEMENT

(1.) This appeal has been filed by the Complainant/appellant, Lalit Mohan Mohanty, against the order dated 31-07-2015 passed in CD Case No.60 of 1995 by the State Consumer Disputes Redressal Commission, Orissa (in short 'the State Commission'), wherein the complaint filed by the appellant/complainant has been dismissed.

(2.) As per the facts of the complaint case, Odisha State Housing Board- opposite party No.1 initiated a scheme to construct a Housing Colony at Sandhakuda, Paradip over the land allotted by State Government. The complainant participated in the scheme on depositing Rs.41,040/- whereafter one HIG House bearing No.48 was allotted in his favour vide letter dated 14.1.1993 and the complainant was asked to deposit the balance initial amount of Rs.1,63,047/- on or before 31.3.1993, i.e. before taking possession of the house. The complainant under compulsion deposited the initial cost of Rs.2,04,067/- and requested opposite party No.1 to intimate him the actual date of giving physical possession vide letters dated 22.1.1993 and 25.5.1993, but there was no response. In the meantime, the cost of the house was hiked to Rs.4,10,207/- and again to Rs.5,89,650/- and opposite parties directed the complainant to deposit the initial cost of Rs.3,55,790/-, besides the earlier deposit and vide letter dated 14.2.1995 fixed the rate of instalment. As per the case of the complainant, opposite parties enhanced the cost of house arbitrarily. It is the further case of the complainant that before enhancement of the cost of the house, it was not informed to him nor his consent was taken. So, he filed the C.D. case before the State Commission. In the written version opposite parties contended that the provisional sale price of the house was fixed at Rs.3,16,082/- with plinth area of 671 sqft. As per the approved building drawing, the plinth area was enhanced to 887 sqft. It was intended to construct the balance of 216sqft. collecting the entire cost from the allottee. The cost of 216 sqft being Rs.94,125/-, the total provisional sale price of the house came to Rs.4,10,207/-.The State Commission vide its order dated 17.5.1996 directed the opposite parties to give the complainant delivery of possession of the house on 10.6.1996 at 11 A.M. and both the parties were directed to remain present at the site at the time of delivery of possession. This order of the State Commission was later modified on 11.6.1996 added to the order dated 17.5.1996 that the cost of the house as would be mentioned in the agreement would be subject to the result of this proceeding and directed that non-judicial stamp paper worth Rs.3/-for the purpose of execution of the agreement. Accordingly, on the order of the State Commission the agreement was registered. On 24.6.1996 complainant executed the agreement with O.S.H.B. The final cost of the house was fixed at Rs.5,89,650/- and the possession was delivered.

(3.) The State Commission vide its order dated 31.07.2015 finally dismissed the complaint.