Orissa

Baleshwar

CC/43/2014

Tusar Kanta Swain - Complainant(s)

Versus

Secretary,Orissa State Housing Board, Sachivalaya Marg,Bhubaneswar & Others - Opp.Party(s)

14 Aug 2014

ORDER

  COURT OF THE  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BALASORE

                                                        ……………….

                                    PRESENT:  Mr. MD. JOBER AHAMED, PRESIDENT

                                                        Mr. SUKUMAR RANA, MEMBER

                                                        Mrs. RASESWARI MOHANTY, MEMBER

                                    C.C No. 43/2014   

                                    Tusar Kanta Swain, aged about 39 years,                     

                                    S/o- Gopal Chandra Swain,

                                    At- Manikunda, P.O- Manatir,

                                    Via- Sri Baladevjew, P.S- Marshaghai,

                                    Dist- Kendrapara, PIN- 754212.                      ...………….Complainant

                                       

                                                         (Vrs)

 

                   1.  Secretary,

               Orissa State Housing Board, Sachivalaya Marg,

               Bhubaneswar-751001.      

           2. Bhakta Ballav Jena,

               At- Angaragadia (Near F.C.I Godown),

                              Issanagar, P.O/Dist- Balasore.                              …………..Opp. Parties

                                                Counsels for the Parties                                                                             

                                    For Complainant:-   Self

                                               

              For O.P No. 1:-    1. Sri P.K Das Mohapatra, Advocate.

                                                                2. Sri A.K Mohapatra, Advocate.

                                                                3. Sri Parthasarathi Dutta, Advocate.

                                                                4. Sri Satyaprakash Das Mohapatra, Advocate.

                                    For O.P No. 2:-        None

                                    Date of Hearing: -    23.07.2014

                                    Date of Order: -       14.08.2014

                                                                                    

                                              J  U  D  G  E  M  E  N  T     

MR. MD. JOBER AHAMED, PRESIDENT

                                 Deficiency-in-service and/or unfair trade practice in respect of non-removal of defects in allotted House of Housing Board is the allegation arrayed against the Opp. Parties.  

                                  02. The allegation as unfolded in the complaint petition is briefly stated that on being persuaded by OP No.2 he deposited the Registration fee for a sum of Rs. 2,850/- on 23.03.1992 vide receipt No.1174/LC. With OP No.1- Orissa State Housing Board, Bhubaneswar for allotment of

 a L.I.G House at Chandrasekharpur, Bhubaneswar in his favour and thereafter on receipt of allotment letter vide No.31635 dated 07.10.1992 from OP 1- Housing Board the Complainant deposited a sum of Rs. 7,853/- with OP 1- O.S.H.B towards initial deposit followed by execution of House agreement in between Complainant & OP 1 on 17.12.1992. Thereafter the OP 1- Board allotted a House bearing No. L.44/9 measuring plinth area 265 Sq. ft. against a sale price of Rs. 26,529/- giving delivery of possession of said house in favour of Complainant on 27.01.1993. As per the terms & conditions of the above said House rent Agreement the Complainant-allotee had to repay the balance loan amount in 52 equal quarterly installments and each of such quarterly installment was fixed at Rs. 493/-. On being possessed the said allotted house the Complainant noticed that the condition of said house had gone precarious and not in a dwelling position as water was leaking from the roof, latrine, bathroom and water tank wall was also soaking due to poor plaster, stair case damaged, defective Electric wiring, defective Sewerage connections. It was not house of the Complainant only which suffered from such defects rather it was the fate of other allotted houses in the said Block. It being so non of the allotees gone for payment of installments so fixed rather most of them had prefer conjointly a common complaint before Hon’ble National C.D.R Commission, New Delhi seeking relief and the said complaint was disposed of with directions to OP No.1- Housing Board for removal of defects from the said houses and after which the House allotees shall pay the monthly installments to the OP No.1- Housing Board. The said order of Hon’ble National C.D.R Commission was not complied by OP No.1- Housing Board within scheduled time and consequent there upon an E.A Case No. 248/91 was preferred by the said allotees before the Hon’ble National C.D.R commission for order compliance. Consequent there upon OP No.1- Housing Board directed all such House allotees of Chandrasekharpur Housing Board to pay a B.D of Rs. 50/- each towards inspection. The said direction of OP No.1- Housing Board was complied by the House allotees including the Complainant. It being so though an inspection was made by a Technical Committee and said committee submitted it’s report with findings of afore said defects in all such houses of OP No.1- Housing Board but the OP No.1- Housing Board did not go for repair of said houses to justify the payments of monthly installments from the House allotees under the said category including the

 Complainant rather issued a letter vide No. 31143 dated 23.09.95 to Complainant in response to his representation dated 09.02.94 admitting the afore said construction defects but in the remarks column the very wordings are (No action necessary by O.S.H.B). There after the OP No.1- Housing Board issued a demand notice vide No. 10641 dated 24.05.2005 claiming a sum of Rs. 47,623/- towards arrear installments up to 30.04.05failing which the House Agreement of the Complainant shall be cancelled. In due response to said Demand Notice the Complainant renewed his grievances by sending a show cause dated 08.06.2005 to OP No.1- Housing Board followed by written complaints made to OP No.1 on different dates i.e. on 18.02.09;14.10.09;23.12.09;20.12.2013. That apart the Complainant also deposited Rs. 1000/- each on 23.12.09 and 20.12.13 with OP No.1 with request for compliance of his old demands but all such attempts of the Complainant went in vein. More so in order to regularize the Govt. records the Complainant went on paying the Land rents before Tahasildar, Bhubaneswar up to 2014 and obtained rent receipts thereof. The cause of action arose lastly on 12.03.14 when Complainant received a Demand Notice again n 12.03.2014. The afore said acts & omissions being amounts to Deficiency-in-service and/or unfair trade practice on the part of the OP No.1- Housing Board which rendered intense mental agonies and financial loss, the Complainant preferred the instant compliant seeking directions of this Forum to OP No.1- Housing Board for removal of housing defects and not to cancel the House Agreement until the order of Hon’ble National Commission is complied and not to charge any amount towards interest for the delayed period and to pass any other order (s) as this Hon/ble Court deems proper.

                                03. On being noticed the OP No.1 though made his appearance into the case but not preferred to file his written version into the case in his defence though sufficient opportunities given to him and consequently he was set ex-parte for his default on 22.07.14 when the date was fixed for filing of Show cause by OP No.1 as last chance as more than 90 days were passed from the date of appearance of the said OP- Housing Board till then.

                               04. Though service made sufficient as agreement OP No.2 he did not choose to appear into the case with his show cause in his defence and consequent there upon he was also made set ex-parte.

                                05. Having heard the ex-parte arguments advanced by the Complainant himself who is an Advocate by profession and upon perusal of documents filed into the case by the Complainant it is confirmed that the Complainant was granted a Lease of a Constructed House i.e. L.I.G House No. 1174/LC at Chandrasekharpur, Bhubaneswar for 99 years on payment of Registration fees for Rs. 2,850/- on 23.03.92 and against which he was provided with money receipt vide No. 01305 dated 23.03.92 from OP- Housing Board which has been filed into the case by the Complainant being marked as Annexure-I. There after the Complainant paid a sum of Rs. 7,853/- towards Lease premiums in advance and in to to  the Complainant- allotee paid Rs. 10,703/- and balance of Rs. 11,996/- to pay in 52 equated quarterly installments and each of such installments was fixed at Rs. 493/- starting from 31.03.93 to 31.12.2005 as per schedule-B of the Agreement. The copy of said Agreement for lease of Apartment executed in between the Parties filed into the case by the Complainant being marked as Annexure-II. In support of claim of the Complainant he has also filed into the case the copy of Allotment letter dated 11.01.93 issued by the OP No.1- Housing Board the Complainant- allotee being marked as Annexure-III. On close scrutiny of said Annexure-III, it reveals that in Mouza Chandrasekharpur under Sahid Nagar P.S from Plot No. A/32, Unit-III, Bhubaneswar L-44/9 type of house having Plinth area measuring 265 Sq. ft. was allotted to Complainant- Tusar Kanta Swain followed by Registration of Agreement dated 19.12.92 with request for taking over physical possession of said house by 27.01.93. Accordingly the Complainant- allotee took over the possession of his said house and noticed that the Condition of the said house was worst and not in a dwelling condition as the water was leaking from the roof of house, latrine, bathroom and water tank walls soaking due to poor plaster, stair case damaged, defective Electric wirings, defective Sewerage connection. There after though the Complainant requested the OP- Housing Board several times in the past for removal of such defects but OP- Housing Board remained silent without doing the needful in the matter and consequent there upon all the allotees of the said Block including the Complainant stopped payment of installments to OP- Housing Board and most of the allotees took shelter before the Hon’ble National C.D.R Commission who in turn advised the OP- Housing Board for conducting physical enquiry of the said Block in order to ascertain the real position of the case houses. In

 due obedience to such order the OP- Housing Board instructed the House allotees of the said Block including the Complainant to deposit Rs. 50/- each for the purpose of conducting enquiry. Along with others the Complainant also deposited Rs.50/- with OP- Housing Board on 09.02.1994, the copy of which filed into the case by the Complainant being marked as Annexure-V. Upon such development the OP- Housing Board formed a Technical Committee for enquiry & report in the matter as per the decision of Hon’ble National C.D.R Commission dated 17.12.93 in case No. FA-248/91 preferred by Chandrasekharpur, Phase-I Unnayan Samiti who after due enquiry submitted his report to OP- Housing Board who in turn informed the Complainant-allotee in his Office letter No.31143/OSHB, dated 23.09.95 stating the data in a tabular form which is reproduced in the table below.

                                  Report of Technical Committee   

Sl. No.	Your complains regarding	Reference Item in your representation	Observation of the Technical Committee	Remarks
1.   2.   3.   4.   5.   6.   7.       8.     9.	Latrine/ Bathroom Leaking Roof &Water Tank Leaking Wall Soaking &Poor Plaster Stair Case damaged Poor Quality D/W Defective Electrical Wiring Defective Sewerage Connections No approach to ENS Place No rain water flat	3 (a)          3 (b)          3 (c)          3 (d)          3 (e)          3 (f)          3 (g)                                          3 (h)          3 (i)	Construction Defect	No action necessary by O.S.H.B

The copy of said letter No. 31143/OSHB dated 23.09.95 filed into the case being relied on by the Complainant and marked as Annexure-XIV. On close scrutiny of Annexure-XIV, it is quite evident that the defects in the case allotted house to Complainant by OP- Housing Board as pointed out by the Complainant in his complaint petition is clearly admitted by the OP- Housing Board still then it is his defence that “No action necessary by OSHB”.

                           06. In such circumstances of the case when defects complained of in the complaint petition of the Complainant is fairly admitted by OP- Housing Board his pleadings that “No action necessary by OSHB” is how far justifiable on the facts and in the circumstances of the case needs to be scrutinize by this Forum.

                          In our considered opinion the intension of Hon’ble National C.D.R Commission in passing order of enquiry into similar nature of complaints was not at all that if defects shall be removed by the House allotees like Complainant and not by the OP- Housing Board.

                            From the very inception the Complainant also going on payment of rental dues with the concerned Tahasil and obtained rent receipts thereof in respect of his said house and as a token of evidence he had gone for filing into the case one up to date rent receipts for the year 2013/14 which is marked as Annexure-XV.

                           07. Apart from all that the cause of action of this complaint arose this year most probably on 11.02.14 (date is not clearly visible) vide letter No. 2810/OSHB date        ? issued from M.R Dash, Scheme Officer of OP- Housing Board stating inter alia that “The defaulted allotees will be allowed time limit up to 31st March 2014 to close their Loan account, as a one time dispensation. Beyond this date, the cost of houses will be revised as per prevailing bench mark value of the Land and the allotees will be asked to pay the differential amount along with the required allotment restoration charges, miscellaneous dues etc. restore their allotment.

                           You are therefore, advised to pay the required dues of OSHB amounting to Rs. 84,544/- (over dues amount Rs. 72,544/- & restoration charges Rs. 12,000/-) at the earliest”. The said letter No. 2810/OSHB dated ____?  Not visible has been marked as Annexure-XIII.

                           Being aggrieved by Annexure-XIII and challenging the same as the said letter rendered intense mental agonies and financial loss to him, the Complainant did prefer the instant complaint seeking proper redressal. On the other hand though OP No.1- Housing Board made his appearance into the case and did not prefer to file his show cause though more than 90 days time was allowed to him for filing his written version in his defence and consequently the OP No.1- Housing Board was made set ex-parte and since he was proceeded ex-parte the averments made in his complaint remain un-rebutted.

                        As would be clear from the documents filed on record specially from Annexures-IX to XII the Complainant- allotee by running from pillar to post must have under gone intense mental agonies & financial loss due to such deficiency-in-service and/or unfair trade practice on the part of the OP No.1- Housing Board which stands proved. Thus the complaint is benefit of merit.                         

                                              O  R  D  E  R                                                                                                   

                                             In view of the judgment reflected above, since the complaint bears merit the OP No.1 is directed to pay the Complainant a sum of Rs. 70,000/- (Rupees Seventy Thousands) only towards compensation for his mental agonies undergone during the process. At the same time in order to settle one time dispension of the dues of the Complainant, the Complainant needs to pay Rs. 90,000/- approximately to OP No.1- Housing Board minus he has to receive compensation for a sum of Rs. 70,000/- from OP No.1- Housing Board and in the manner balance Rs. 20,000/- the Complainant has to pay to OP No.1- Housing Board within a month from the date of communication of this order for one time settlement of dispute and in turn the OP No.1- Housing Board shall hand over all the necessary documents pertaining to case house one time settlement in favour of the Complainant- allotee within a month from the date receipt of Rs. 20,000/-from the Complainant.       

                                             No order as to costs, Parties are advised to bear their own costs. We freed the OP No.2 from any such liabilities.

                                             Pronounced in the open Court this the 14th day of August 2014 given under my Signature & Seal of the Forum.

                                                                                                                        

                                                                                                                    (Md. Jober Ahamed)

                                                                                                                              President

 

 

 

  (Sukumar Rana)                                     (Raseswari Mohanty)        

         Member                                                      Member