Orissa

Jagatsinghapur

CC/8/2022

Ramakrushna mangaraj - Complainant(s)

Versus

Arakta Das (Director) M/s Arohan Developers Pvt Ltd - Opp.Party(s)

In person

20 Oct 2022

ORDER

                                                                                      JUDGMENT

 

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking the following reliefs:

            “Direct the opposite party to compensate the damage caused by him in the way of paying Rs.10,00,000”.

            Brief fact of the case is that complainant deposited Rs.2,50,000/- for purchasing a flat from opposite party. The respondent produced construction approval letter from B.D.A. and given assurance to obtain ORERA approval in short time and also presented a registration certificate of the project and demanded Rs.18,02,345/-. Suspecting the hurriedness of the opposite party, complainant enquired and it was revealed that forgery has been done with R.C. by the opposite party and the opposite party offered to return the advance amount on 1^st August, 2021 within 15 days but failed to do so and being harassed, complainant approached this Commission.

            Opposite party has appeared and filed his version stating as under;

            The complainant is a stranger in the case land and such as he has no right, title, interest and possession over the suit plot after receiving all the deposited money. The complainant has not come to this Commission with clean hand and suppressed the material facts. The complainant made application for booking a residential apartment before the opposite party office on 29.6.2020 bearing Flat No.T-303, 3^rd Floor having super build-up area of 944.91 sqft. and also executed an “Indenture of Agreement for Construction & Sale of Flat No.T-303” on 29^th June, 2020. The total cost of the said flat No.T-303, 3^rd Floor having super built-up area of 944.91 sqft. of Rs.25,65,431/-.

            The complainant has also enclosed the document as Annexure-N wherein the date of return of amount has been mentioned from which it is revealed that complainant has already received back Rs.1,00,000/- on 19.9.2021, Rs.50,000/- on 12.10.2021 & Rs.1,00,000/- on 17.01.2022 as such on the date of filing of consumer complaint i.e. on 27.01.2022, complainant has received back the entire amount deposited during May to June, 2020, but the complainant is totally silent regarding return of the amount and prayed to compensate/damage caused by way of paying Rs.10,00,000/- to him.

            The complainant in his complaint petition has not mentioned a single ward regarding settlement of the parties, return of the amount by opposite parties to him. Hardly the money was kept with opposite party for one year some months and there is no reason given by the complainant as to how and on what basis he has claimed Rs.10,00,000/- without having any pleadings in the complaint petition. The opposite party has no doubt return the money of the complainant after one year and some months and returned the amount without interest for which we direct the opposite party to pay interest @ 10% per annum from the date of deposit till the date of return of the amount Sept.21 to Jan.22 within a period of 45 days from the date of receipt of the order. We also impose cost of Rs.1,000/- towards mental agony.

            With the aforesaid observation and direction the consumer complaint is dispose of.

            Pronounced in the open Commission on this 20^th October, 2022.