Case nº Revision Petition No. 3062 Of 2010, (Against the Order dated 17/05/2010 in Appeal No. 833/2004 of the State Commission Orissa) of National Consumer Disputes Redressal Commission, August 12, 2016 (case 1. Bhubanaeswar Development Authority and Anr 2. Vice Chairman, Bhubaneswar Development Authority Vs Bhaskar Ch. Mohapatra)
| Judge | For Appellant: Mr. Sibo Sankar Mishra, Advocate and For Respondents: Mr. P. K. Sharma, Advocate |
| President | Dr. B.C. Gupta, Presiding Member |
| Resolution Date | August 12, 2016 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
Dr. B.C. Gupta, Presiding Member
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The challenge in this revision petition has been made to the impugned order dated 17.05.2010, passed by the Odisha State Consumer Disputes Redressal Commission, Cuttack (hereinafter referred to as "the State Commission") in C. D. Appeal No. 833/2004, Shri Bhaskar Ch. Mohapatra vs. Secretary, Bhubaneswar Development Authority (BDA) & Anr., vide which, while partly allowing the appeal, the order dated 21.09.2004, passed by the District Consumer Disputes Redressal Forum, Khurda, in Consumer Complaint No. 191/2001, dismissing the said complaint, was set aside.
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Briefly stated, the facts of the case are that the complainant/respondent, Bhaskar Chandra Mohapatra filed the consumer complaint in question before the District Forum, saying that he applied for a shop-cum-residence unit under Chandrasekharpur, Phase-I scheme by depositing Rs. 20,000/- on 14.10.1988 with the petitioner Bhubaneshwar Development Authority (BDA) and he was assigned registration no. SR-26. The OP/BDA allotted the shop-cum-residence to him vide letter no. 3048 dated 18.02.1989, stating that the outright cost of the said
shop-cum-residence was Rs. 2,04,000/-. In case the allottee wanted to purchase on outright basis, he was required to pay the entire amount before the execution of the sale deed. However, if he wanted to purchase on instalment basis, he was required to deposit a sum of Rs. 61,200/- as down payment before execution of the agreement and the balance amount was to be paid in 32 quarterly instalments @ Rs. 7,863/- per quarter. It was also stated in the said letter that the amounts indicated above under both the schemes should be paid within 30 days from the date of issue of the letter with the concerned branch of the State Bank of India. The complainant stated that he obtained house building advance from the Government and he paid various amounts from time to time as per the details below:-
Sl. No.
Date
Amount
1
14.10.88
Rs. 20,000/-
2
20.6.90
Rs. 41,200/-
3
03.9.91
Rs. 55,000/-
4
03.9.91
Rs. 52,300/-
Total
Rs. 1,68,500/-
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The complainant made a further payment of Rs. 35,500/- on 01.06.1992 and in this way, he made a total payment of Rs. 2,04,000/- by 01.06.1992. The case of the complainant is that he had purchased the said property on ''outright basis'', and although he was required to deposit the amount of Rs. 2,04,000/- within 30 days of the allotment letter dated 18.02.1989, i.e. by...
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