DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO. 397/ 2016
Sarat Chandra Behuria, aged about 50 years,
S/o- Late Golak Chandra Behuria, At – Plot No.367/3320
Near BSNL office, PO- Baramunda, PS- Khandagiri,
Bhubaneswar, Dist- Khurda …. Complainant
-Vrs.-
- SEMAX BUILDERS PVT.LTD.,
At Plot No.6, Saheed Nagar, Bhubaneswar,
Dist – Khurda, Through its Managing Director,
Nirmal Kumar Behera,
- Mr. Nirmal Kumar Behera , aged about 43 years,
S/o – Late Nidhi Kumar Behera, Managing Director,
SEMAX BUILDERS PVT.LTD.,
At Plot No.6, Saheed Nagar, Bhubaneswar,
Dist – Khurda, Through its Managing Director,
At present – At/PO/PS- Balianta, Dist : Khurda,
… Opp. Parties
For the complainant : Mr.K.C. Prusty (Adv.)
For the OPs : Exparte
DATE OF FILING : 21/10//2016
DATE OF ORDER : 10/08/2023
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, in the year 2001, SEMAX Builders Pvt. Ltd., the OP.1 floated a plotted scheme for house construction. On seeing such advertisement, the complainant desired to purchase four numbers of plots from the OPs. The cost of four numbers of plots came around Rs.2,88,000/-. On 24/07/2011, the complainant paid an advance of Rs.40,000/- to the OPs for the purpose of purchase of four nos. of plots. It was agreed between the parties that if the OPs will not execute the registered sale deed in favour of the complainant before February, 2012, then the OPs will refund the entire booking amount without any deduction. It is alleged by the complainant that, the OPs did not execute the registered sale deed in favour of the complainant in respect of four nos. of plots within the stipulated time for which the complainant asked the OPs to return the advance amount. But the OPs did not return. Hence this complaint.
3. On the other hand, the OPs were set exparte and exparte hearing was taken up on 27/07/2023.
4. Perused the evidence given in the form of affidavit and photocopy of money receipt issued by the OPs and the agreement executed between the complainant and the OPs. On going through the evidence and the photocopies of all related documents, the Commission is convinced that, the OPs had taken the advance money of Rs.40,000/- to sell four numbers of plots to the complainant before February, 2012. But they did not comply with the terms & conditions of the said agreement. It is a clear case of breach of contract. Therefore, justice requires that, the benefit received by the OPs under the contract in respect of which, breach was committed, must be restored. Accordingly, the complaint bears merit. Hence it is ordered.
ORDER
The complaint is allowed exparte against the OPs. The OPs are directed to pay Rs.40,000/- (Rupees forty thousand) only to the complainant along with interest @ 6 % per annum from the date of filing of complaint case i.e. 21/10/2016 till the date of actual payment. In addition to that, the OPs are liable to pay an amount of Rs.10,000/- (Rupees ten thousand) only to the complainant towards compensation for mental agony suffered by him and a further sum of Rs.2000/- (Rupees two thousand) only towards litigation expenses. The order be complied with by the OPs 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 10th August, 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
