PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.24 /2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Shri Prem Prakash Panigrahi, Aged about 61 years

S/O-Late Narendra Panigrahi,

R/O- Sakhipada PS-Dhanupali,

Po/Dist-Sambalpur, Odisha-768001.                             .……….......Complainant.

Vrs.

Abdul Khali Hamidi, S/O-A.Hamidi,

Address-1

LIC Colony, Twinkle Kid School, Mova, Raipur,

Raipur-492001, C.G. Mob No.9165800008.

Address-2

Rairi Hydrolics Systems Spare, K.K. Road, Moudhapara (Side of video World), Near Moudhapara Police Station, Raipur-492004, C.G.

Mob No. 9165800008                                         …...……….Opp. Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P. No.1                           :- Ex-parte

Date of Filing:25.01.2024,  Date of Hearing :16.04.2024,  Date of Judgement :28.05.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the O.P. sold 2400 sq ft. of land vide sale deed No. 4609 dated 12.01.2007 mouza-Barouda P.H. No. 96, Tahsil Dhansiba Dist-Raipur. When the Complainant applied for mutation the Addl. Tahsildar rejected the application on the ground that the seller, O.P. is not the owner of the land and no such land record in his name. The land has been recorded in the name of Sobharam Tiwari. The order if the Addl. Tahsildar dated 23.08.2021 was communicated by his counsel Mrs Tina Massey on 14.02.2022. On 17.04.2022 when the Complainant contacted the O.P. developer, the O.P. requested to furnish the detail land documents for compensation. As a helpless purchaser and the O.P. was in dominant position, the O.P. issued cheque No. 33031608 dated 30.01.2023 from his account No. 520331004246521, Union Bank of India towards refund against the land but it was dishonoured by the Collecting Bank. Again on 24.03.2023 when the O.P. was contacted the O.P. replied in rude manner. The real estate developer defrauded the Complainant and thereby deficient in service. Being aggrieved complaint has been filed.
2. The O.P. has been set ex-parte.
3. Perused the documents filed by the Complainant:

1. Regd. Sale deed No. 4609 dated 12.01.2007.
2. Order dated 23.08.2021 of the Addl. Tahsildar, Dharshiba.
3. Land Price chart near the location of the purchased plot.
4. Copy of Cheque No. 33031608 dated 30.01.2023 for Rs. 7.00 lakhs.
5. Notice to O.P. dated 09.03.2023.
6. Postal tracking report.

4. After perusal of the documents and contention it is clear that the developer OP transferred the land in question to the Complainant on 12.01.2007 and during mutation of the land it is detected that the O.P. is not the owner of the property whereas transfer has been made by him, which is unfair trade practice on the part of a real estate developer.

The statement of the Complainant is supported with the cheque No. 33031608 dated 30.01.2023 for Rs. 7.00 lakhs. No doubt the cheque has been bounced but is proves that the O.P. agreed to refund the sale consideration to the Complainant. Non delivery of plot purchased nor repayment on failure to deliver the land by the developer amounts to deficiency in service.

The nearby place market price has been submitted by the Complainant which is Rs. 3100/Sq. Ft.

And approximate market value of the land @Rs. 4000/- x 2400 which comes to Rs. 96.00 lakhs assessed by the Complainant and the O.P. is liable to refund the amount.

Taking into consideration the circumstances following order is passed:

ORDER

The Complaint is allowed ex-parte against the O.P. The O.P. is directed pay the present market value of the land Rs. 96.00 lakhs and compensation of Rs. 10.00 lakhs with litigation expenses of Rs. 20,000/- within one month of this order. In case of non-payment the amount will carry 12% interest P.A. from date of filling till realization.

Order pronounced in the open court on this 28^th day of May, 2024.

Supply free copies to the parties.