DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO. 100/ 2013
Janaki Moharana, aged about 50 years,
SWo- Harekrushna Moharana, At- Rathjema, PO- Balakati, PS- Balianta,
Dist- Khurda
…. Complainant
-Vrs.-
- Sai Pragati Assets & Properties (Pvt.) Ltd.,
9, Janpath, GS Complex, 3rd Floor, Bapuji Nagar,
Bhubaneswar – 751009,Dist : Khordha,
Through its Managing Director.
- Debashis Mohanty, aged about 36 years,
Managing Director of Sai Pragati Assets & Properties (Pvt.) Ltd.,
9, Janpath, GS Complex, 3rd Floor,Bapuji Nagar,
Bhubaneswar – 751009, Dist : Khordha
… Opp. Parties
For the complainant : Mr.K.Ch. Prusty (Adv.)
For the OPs : Exparte
DATE OF FILING : 17/04/2013
DATE OF ORDER : 29/11/2023
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 12 of the C.P.Act, 1986.
2. The complainant’s case in brief is that, the OPs floated a plotted scheme for selling residential plots. The complainant booked two numbers of plot, the cost of each plot was Rs.60,000/-. The complainant paid Rs.1,00,000/- on 11/07/2011 vide receipt No.IW3U3FZQ & Rs.20,000/- on 01/08/2011 vide receipt No.IWIMC8TVZ5. After payment of the consideration, she insisted upon the OPs to execute the sale agreement in her favour and also to execute the sale deed in her favour. But the OPs did not respond. The OPs neither sold the plots of land to the complainant nor did they refund the consideration amount. Hence this complaint.
3. On the other hand, the OPs were set exparte and exparte hearing was taken up on 02/11/2023.
4. Perused the materials on record. The photocopy of the money receipts issued by the OPs, have been filed by the complainant before this Commission. The money receipts show that, the complainant had paid Rs.1,20,000/- to the OPs for purchase of two plots of land. It is stated by the complainant that, the OPs neither executed sale deed in favour of the complainant nor did they refund the consideration amount to her. There is no material on record to controvert the assertions made by the complainant. Definitely such conduct on the part of the OPs amounts to deficiency in service. As such, the complaint bears merit. Hence it is ordered.
ORDER
The complaint is allowed exparte against the OPs. The OPs are jointly & severally liable to refund the consideration amount of Rs.1,20,000/- (Rupees one lakh twenty thousand) only to the complainant along with interest @ 6 % per annum from the date of filing of this case till the date of actual payment. In addition to that, the OPs are liable to pay an amount of Rs.20,000/- (Rupees twenty thousand) only to the complainant towards compensation for mental agony suffered by her and a further sum of Rs.5000/- (Rupees five thousand) only towards litigation expenses. The order be complied with by the OPs jointly & severally within a period of one month 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 29th November, 2023 under the seal & signature of the President and Member (W) of the Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno
