OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &Sri K.K.Mohanty,
MEMBERS .
Consumer Complaint No. 12 of 2004
Date of Filling : -11.02.2014.
Date of Order :- 28 .01.2019.
Amar Ku.Prusty,S/O.Late Ajaya Ku.Prusty,
Resident of Sikhyak Road,P.O/P.S/,Dist.Angul.
_________________________Complainant.
Vrs.
Manager Goodland Happyhomes Infra Ltd.,
Plot No. 433/5023,Jayaev Nagar,Nageswar Tangi,
Lewis Road,Bhubaneswar,Dist.Khurda.
_____________________________________Opp. party
For the complainant :- Sri Md.Azad & associates(Advs.).
For the opp.party :- None.
: J U D G E M E N T :
Sri D. C. Mishra, President.
1. The petitioner has filed this case with prayer to direct the opp.party to receive the rest balance payment and to allot a residential plot to the complainant and to give compensation of Rs. 5,00,000.00 towards loss, harassment, mental agony and torture.
2. Briefly stated that the petitioner’s case runs thus :-
That, the opp.party had an office at Angul and they were working in the name and style “ own your House Plot scheme” . As per advertisement of the opp.party the complainant submitted application at Angul which was accepted by the opp.party at Angul office and the complainant became a subscriber vide Branch Code No. 002903020424/0029. As per the aforesaid scheme the complaint was to pay a sum of Rs. 72,000.00 only within 3 years commencing from 2.7.2012 with monthly installments of Rs.2,000.00 per month . The complainant believed the assurance of opp.party and to get a plot at Angul started paying the monthly installments and in such process the complainant has already paid 10 installments i.e Rs.20,000.00. and obtained receipt granted by the opp.party . In the month of June, 2013 the complainant went to the office of the opp.party at Angul to pay the installment but the office was under lock and key and no body was there to say the where abouts of the office or to give any information. So the complainant tried to contact the opp.party over phone but in vain. Therefore, lastly on 24.8.2013 the complainant went to the Head office of the opp.party situated at Bhubaneswar and enquired about the Angul branch office and requested the office bearers of Bhubaneswar to receive the installments amount but the opp.party neither responded nor replied anything rather avoided him. So on 18.11.2013 the complainant served a legal notice on the opp.party but they remained silent. Therefore, the complainant became sure that the opp.party has harassed and cheated him. Therefore he has approached this forum for the aforesaid relief.
3. The opp.party has been set exparte on 16.6.2014.
4. Since the opp.party has received cash at Angul office with assurance to supply a plot at Angul , there is consumer and service provider relationship between the parties and the case is maintainable before this forum.
After receiving part payment the opp.party left the place and did not fulfill his promise. So the petitioner has cause of action to file this case. The case has been filed in time.
According to the petitioner, the opp.party has betrayed and harassed him by not complying his promise for which he sustained grate loss and mental agony. In support of his plea the petitioner has filed 8 numbers of documents. Annexure-1 is the Property Booking Certificate and Annexure- 2 series i.e Annexure- 2 to 2/6 are the money receipts granted by the opp.party. Annexure- 2 series very clearly reveal that the complainant has deposited Rs. 20,000.00 by 13.4.2013.Since the where abouts of the opp.party is not known and he has been set exparte, any direction to supply a land at Angul will not be fruitful but the complainant must be compensated for his loss, and mental agony and harassment and the opp.party must compensate the complainant for his wrong action and unfair trade practice. The opp.party must refund Rs. 20,000.00 (deposited by the petitioner) with 12% half yearly compoundable interest along with Rs.40,000.00 towards loss and mental agony and Rs. 10,000.00 towards cost of litigation.
7. Hence the order ;-
: O R D E R :
The case is disposed of exparte against the opp.party.
opp.party is directed to pay Rs. 20,000.00 (Rupees Twenty Thousand) with 12% half yearly compoundable interest to the petitioner w.e.f 13.4.2013 to till actual payment is made. The opp.party shall also pay Rs.40,000.00(Rupees Forty Thousand) to the petitioner towards loss, mental agony and harassment and Rs. 10,000.00 (Rupees Ten Thousand) towards litigation charges. All the above payments shall be made by the opp. party within 45(Forty-Five) days of getting this order.
Order delivered in the open forum
today the 28th January,2019 with hand
and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
(Sri D. C. Mishra)
President.
Sd/- Sd/-
(Sri K.K.Mohanty), (Smt.S.Mallick),
Member. Member.
