MR. PRAVAT KUMAR PADHI, PRESIDENT:-
This C.C.Case No. 74/2022 has been filed U/s-35 of C.P.Act, 2019 seeking following relief:-
Honbl’e Commission may direct the Ops to issue notice to Ops calling upon to show cause why the Ops shall not either registered the properties or return the amount with @18% P.A. with Rs. 5 Lakhs as mental agony and Rs. 50,000/- as litigation cost.
Brief fact of the case is that the Ops floated an E-auction notice on dt. 01.09.2021 in Pragatibadi newspaper(local Odiya) languages and also in English new paper the statement for sale of two number of immovable properties i.e, plot No. 140 of an area Ac 0.32 decs & Plot No. 142/425 of an Area Ac 0.22 dec in Mouza-Anakhia, Tahasil-Biridi, Dis-Jagatsingpur. Complainant participate in auction as a highest bidder & was directed to deposit bid amount in OpNo.2 Account No. 0242050024709 and accordingly complainant deposited Rs. 3,20,000/- on the same account of Op subsequently Rs. 5,00,000/- deposited on same account on dt. 18/09/2021 and lastly deposited Rs. 24,62,500 on dt. 28/09/2021 to a total amount of Rs. 32,82,500 to account of Op-2 Bank account copy of fund transfer as per bid the receipt are annexed. The Ops issue sale certificate of above two plots in complainant’s name but not executed registered sale certificate in favour of complainant. The Complainant approached the Ops several time for handing over the auction sale properties but the Ops paid deafear towards the same. When the Complainant enquired about the landed properties before sub-registrar office as well as Thasildar about the existence of two Plot No. 142/425 of an Area 0.22decs under Khata No. 202/32, Mouza –Anakhia, Tahasil- Biridi non existence and no such plot in land record in the name of borrower on whose default the properties attached and sold by auction by the creditor Bank. No steps has been taken by the Ops either to execute the properties nor on failure to return the amount with interest to the Complainant.
Notice to Ops as issued by this Commission on dt. 14.12.2022 but non-appeared from both the parties. Hence the Ops are set ex-parte on dt. 15.09.23. We perused the records and found that Complainant has deposited the amount in question i.e Rs. 32,83,500/- on different dates during the year 2021 but the land in question has not been registered in the name of Complainant due to legal problem.
Taking money after auction and not registering the property in time amounts to deficiency in service as defined U/s-2(7) of C.P.Act,2019 for which we direct the Ops either to register the property in favour of Complainant as per the description in the sale certificate within a period of 90 days from the date of receipt of this order, failing which the Ops shall return the deposited amount of Rs. 32,82,500/- with @ 10% simple interest and we impose cost for Rs. 50,000/- for mental agony and cost of litigation.
With the aforesaid observation and direction the C.C.Case No. 74/2022 & IA No. 30/2023 are accordingly disposed off. No order as to cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 31st day of October,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
