Adv. For the Complainant : - Kanan Bihari Swain & Dhruba Biswal
Adv. For the O.P. :- No
Date of filing of the Case :- 24.01.2023
Date of Order :-23.02.2024
JUDGMENT
Smt. Jyotsna Rani Mishra , Member
Fact of the case –
There is an lease agreement on dt.30.06.2007 between Suresh Kumar Pradhan (Father of Complainant) with OP to install a mobile tower in his vacant land covering 2700 s. q. ft at Mouza-Tusura, Holding No.43, Plot No.256/1339 and 257/1440 with certain terms and conditions valid for a period of 12 years on rental basis. After expired of his Father on dt. 02.10.12 complainant Debadatta Pradhan was one of the legal heir executed a fresh lease agreement with OP to pay monthly consideration of Rs.2500 /- per month towards the said lease and it
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is be paid on or before 15th of each month with affect from dt.01.02.2014 vide para-10 of the agreement.
That as per terms and conditions vide para-11of the agreement that in case of non-receipt of monthly consideration for a consecutive period of six months , the said agreement will come to an end and the OP will remove all its equipment from the demised premises after clearing the dues with interest @ 6% till the premises is vacated and all the infrastructure materials are removed.
As per argument OP used the premises by installing infrastructure and regularly paid Rs.2,500/- to the complainant till 28.11.2017 and thereafter failed to pay the agreed rent till date. So the lease agreement automatically come to an end and OP thereby violated the conditions of agreement vide its Para no.11.
Complainant requested to OP to clear up the dues till date with interest and to vacate his space and remove all the infrastructure material as early as possible but OP is not paying heed to it and taking dilatory tactics.
The land under agreement is necessary for the personal occupation of the complainant. Hence this case.
To substantiate their case the complainants relied on the following documents-
- Agreement Copy.
- Mail Copy.
Having gone through the complainant its accompanied documents and on hearing the complainant Prima Facie it seems to be a genuine case hence admitted and notice to the OP served and in response to the notice the OP did not appeared before the commission, sufficient time has been given but OP could not turn up and filed the written version with on statutory period and fails to proves his credential , as such the OP set-exparte on dt.22.01.2024.
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So Due to the deceptive trade practice and unfair trade practice of the OP amounts to deficiency in service which create mental agony to the complainant . As such I consider the case with following direction. Hence Order.
ORDER
The OP is directed to pay the arrear rent amount from 28.11.2017 @6% interest from the pronouncement of the order.
I Further directed to remove the infrastructure materials installed in the complainant land within one month from the date of order. Failing which the complainant has liberty to remove all the infrastructure material and vacate the demised premises in his own cost which the OP compensate the cost of removal material with 18 % interest.
I Further directed to pay Rs.10,000/-towards mental agony and non-performance of work. and 5,000/- towards litigation expenses within one month from the dt of order.
Failing which the entire amount shall be paid by the OP @12% interest per annum from the date of filing of case till realization.
No award as to cost.
