RANJIT KUMAR ACHARYA vs CHAIRMAN, ORISSA STATE HOUSING BOARD

DEFICIENCY in providing accommodation service is grievance of the complainant against Orissa State Housing Board of which Chairman is the opposite party.

THERE is no dispute that complainant has taken delivery of physical possession of a house bearing No. MIG-17 near F.C.I. Township, Talcher. Grievance is that physical possession has been given without providing sanitary water supply and external water supply to the colony which is highly essential for maintaining human life smoothly. After taking possession on 11.12.1991, complainant is not able to stay with his family members in the house in question for which representations had been made to the State Housing Board but in vain. Instead, rate of the house was enhanced from Rs.51,330/- to 73,577/- as also the rate of interest from 12% as per the brochure to 13% at the time of agreement. Inferior quality of materials were used for construction of the house. Size of the doors and windows were small and dining space, kitchen, bath room, door frames and kitchen windows were not provided. Periphery developments were not done so far. THERE was no arrangement for divert of F.C.I, waste water drain or to provide concrete cover to it. The following reliefs have been claimed by the complainant: "(i) Until and unless the Orissa State Housing Board, Bhubaneswar will not solve my problems which I have given in serial No. 3 within 90 days from the date, I want to cancel my house i.e. MIG-17 with compensation of Rs. 1,00,000/- (One Lakh) plus my EMD money i.e. Rs. 20,000/- (Twenty Thousand) with 13% interest, and (ii) Until and unless the Orissa State Housing Board, Bhubaneswar will not solve my problems which I have given in serial No. 3 within 90 days from the date, I will not pay my instalment i.e. Rs. 2306/- (Quarterly)."

Inspite of valid service of the copy of the complaint, no reply has been given and at the time of hearing, there was no appearance for either party.

CONSIDERING the grievance in the complaint, we are inclined to hold that the opposite party had undertaken to provide for the facilities which are alleged not to have been complied with. In this circumstance, there can be no doubt that there is deficiency in service and it is on account of negligence of opposite party and officers under him, as a result of which complainant is suffering. However, before directing for payment of compensation, we direct opposite party to send a team of experts to the colony of the complainant, meet him, take note of his grievance, examine the agreement, and take steps to rectify the deficiency within six months from today. A copy of the report of these experts shall be handed over to the complainant and action taken on such report shall also be intimated to the complainant. If the report is not handed over and no action is taken, complainant shall be paid compensation @ Rs.200/- per month from after six months till action is taken. On receipt of communication from the opposite party why the grievances cannot be mitigated, complainant would have fresh cause of action to approach the Redressal Agency under the Consumer Protection Act. In result, complaint is allowed to the extent indicated. Complaint allowed.