THE DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.D.CASE NO.144/ 2021

Bichitrananda Tripathy, aged about 65 years,

S/o Late – Basudev Tripathy, At – Sital Vihar, Village/ PO- Turanga,

Ps/ Dist – Angul, Pin - 759123

                                                                            ….     Complainant

          -Vrs.-

Orissa Construction & Techno Engineering

Co-Operative Society Ltd., At present:

Behind HDFC Bank, Patia Branch,

Sampark Vihar, 1^st Lane, Nandankanan Road,

PO- KIIT, Patia, Bhubaneswar – 751024,

Dist – Khurda,  Email – octecsociety @ gmail.com,

Represented by

1. Niranjan Routray -  President,
2.  Kulamani Parida – Secretary
3. Jayanta Kumar Mohanty – Administrative Officer

                                                                             ….     Opp. Parties

For the complainant                :   M/s B.K.Routray  & Associates (Adv.)

For the O.Ps.                           :   Exparte

DATE OF FILING                  :         23/06/2021

DATE OF ORDER                 :         06/06/2023

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 35of the C.P.Act, 2019.

2.       The complainant’s case in brief is that, the OPs floated an advertisement in Odiya Daily “Sambad” for sale of housing plots at six numbers of places in Bhubaneswar. As per the said advertisement, the complainant submitted application for allotment of a residential plot. The OPs  asked him to deposit a sum of Rs.1,72,500/- in installments towards cost of the land extending over 2500 sqft. Accordingly, the complainant deposited Rs.86,250/- on 28/10/1998 vide bank draft No.251198 and Rs.84,000/- in cash on 23/06/1999. At the first instance,  the OPs allotted a plot to the complainant at Chandrasekharpur complex (BDA), Bhubaneswar. Subsequently,  the OPs asked the complainant to change his choice of location of plot. Finally, the OPs allotted a plot measuring an area of 1800 sqft at Chandrasekharpur residential zone, BDA, Phase-II scheme of O.C. & T.E.C.S Ltd., Bhubaneswar. But that plot could not be demarcated  due to law & order problem and finally  the complainant came to know that, a civil suit is pending on the said plot of land. When the OPs could not allot any plot of land to the complainant, they returned the advance money with interest @ 6% per annum to the complainant in the year 2021. As the complainant could not get a plot of land from the OPs, he files this complaint.   

3.       On the other hand, the OPs  did not appear in the case, as such they were set exparte and exparte hearing is taken up.

4        Perused the materials on record.  Admittedly,  the complainant in response to the advertisement made by the OPs, applied for allotment of a residential plot and for that, he had paid advance money of Rs.1,72,500/-. The OPs time & again asked the complainant to change his choice of location of the plot. Finally the plot which was allotted to the complainant could not be demarcated due to civil litigation in respect of the land and for law & order problem. Finally, the OPs returned the advance amount with interest @ 6% per annum to the complainant  who admits receipt of the said amount. The complainant paid the advance money in the year 1998 & 1999. But he got back his money in the year 2021. The complainant suffered for about 23 years  in order to get a plot of land from the OPs.  Considering the totality of the fact & circumstances of the case,  it appear that the OPs were at fault for which the complainant suffered a lot. The reliefs claimed for by the complainant are not tenable in the facts & circumstances of the case. More so, the Consumer Commission cannot order for specific performance of contract in respect of immovable property. Be that as it may,  the complaint bears some merit.   Hence it is ordered.      

ORDER

The complaint is  allowed in part exparte against the OPs. The OPs are   directed to pay  compensation of Rs.50,000/-  (Rupees fifty thousand) only  to the complainant  towards mental agony suffered by him and a further sum of Rs.5000 /-  (Rupees five thousand) only towards litigation expenses.  The order be complied with by the OPs   within a period of  thirty days from the date of communication of this order,   failing which the complainant will be  at liberty to execute the order  against the OPs   in accordance with law.

The order is pronounced on this day the  6^th June,  2023  under the seal & signature of the President and Member  of this  Commission.

                                                                                      (K.C.RATH)

                                                                                       PRESIDENT

 Dictated & corrected by me

          President                                                                                     

I agree                                                                            

(S.Tripathy)                                               

Member (W)                                                                             

Transcribed by Smt. M.Kanungo, Sr.Steno