| Final Order / Judgement | - The brief fact of the case of complainant is that he ROR holder of plot no. 1918/6867 in khata no. 994/994 under Mouza Malkangiri, was declared as beneficiary for India Awas house under India Awas Scheme for construction of house at Ashirbad Colony, Malkangiri for Rs. 1,30,000/- and Rs. 35,000/- for construction of septic latrine. It is alleged that several approaches made to the O.Ps for sanction of such amount, but the O.Ps did not respond him stating that such amount was allotted to some another person and he cannot claim anything from him, thus suffering from mental agony, physical harassment, he filed the case seeking a direction to the O.Ps to issue the aforesaid amount and Rs. 20,000/- and Rs. 10,000/- towards compensation and costs of litigation.
- The O.Ps being the same department, appeared through their Ld. Counsel who filed written version denying the allegations of complainant have contended that complainant is not a beneficiary as well as consumer under them as no such scheme is undergone in the Municipality and the said house are constructed for urban poor under Integrated Housing Slum development Programme (IHSDP) with septic latrine with total costs of Rs. 1,35,500/-. Further it is contended that complainant has constructed the house according to his own will but not as per the guidelines for such approved area. Hence showing their no liability, they prayed to dismiss the case against them.
- Parties have fived certain documents in support of their submissions. At the time of hearing, only the A/R for O.Ps. is present and complainant is absent on repeated calls, hence heard from the A/R for O.Ps only. Perused the documents and materials available in the record.
- In the instant case, there is no dispute regarding the complainant has applied for construction of a house under Integrated Housing Slum development Programme (in short IHSDP) with septic latrine with total costs of Rs. 1,35,500/-. The allegations of complainant is that though he was declared as beneficiary under such scheme, but the O.Ps have not issued such amount for construction of house, whereas the contentions of O.Ps is that such scheme is not coming under their purview and complainant has constructed a house with carpet area which is more than the approved area.
- In this connection, we have gone through the documents filed by the parties. It is ascertained from the records that complainant though he may be a beneficiary of such scheme but utterly failed to file a single document to prove his submission to the effect that he has availed or hired any service from the O.Ps, whereas an amount of Rs. 1,35,000/- were sanctioned to the urban poor people for construction of house as per the guidelines of the scheme. Further it is observed that since the day of filing of case, complainant is totally absent, so also during the hearing, complainant is absent on repeated calls, as such we lost opportunities to heard from him.
- Further O.Ps have filed documents to prove their submissions, which were never challenged by the complainant and no contradictions were made out by him. In this connection, we have fortified with the verdicts of Hon’ble National Commission in the case between Anuj Agarwal Vrs United India Insurance Co. Ltd., wherein Hon’ble National Commission has held that “There is no illegality or jurisdictional error where an order is passed on written version and document of OP unchallenged by the complainant.”
- Considering the above discussions, we feel the complainant has not come with proper evidence to prove his submissions and we do not think that the present case is a fit case for proceeding. As such, we dismiss the case having no merits.
ORDER Considering the fact and circumstances of the case, the present case is dismissed against the O.Ps having no merit. No order as to costs. Parties to bear their own costs. Pronounced in the open Forum on this the 6th day January, 2021. Issue free copies to the parties concerned. | |
