Orissa

Cuttak

CC/128/2017

Smt Hiren Prava Dehury - Complainant(s)

Versus

Director.M/s A S Land & Construction - Opp.Party(s)

B Baral

19 Sep 2019

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.128/2017

 

Smt. Hirenprava Dehury,

At:Bhagatpur,PO:Tala Telenga Bazar,

P.S:Purighat,Dist:Cuttack.                                                            .… Complainant.

 

Vrs.

1.         Director,Sri Sunil Kumar Das,

M/s. A.S.Land & Construction,

At:Gopalpur Behera Sahi,P.O:Gopalpur,

                        Ps :Sadar,Dist:Cuttack

Office Address:At:Plot No.7,MC-36,

Sector-7(Side of Iskan Temple),CDA,Cuttack,

At present Plot No.1C/87,Sector-10,Near Justice Chhak,

                  CDA,Cuttack

2.         Sri Sunil Kumar Das,

At:Gopalpur Behera Sahi,P.O:Gopalpur,

                    Ps :Sadar,Dist:Cuttack-753012

3.       Amaresh Raj,

      At:Jhanjirimangala,P.S:Purighat,

      Town/Dist:Cuttack through its Director,

      M/s. A.S. Land & Construction.

 

4.       Akulananda Swain,

      At:Phulpokhari,PO/P.S:Baranga,

      Dist:Cuttack.                                                                                           … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    25.10.2017

Date of Order:  19.09.2019

 

For the complainant  :    Sri Bamadev Baral,Adv. & Associates.

For the O.Ps                 :   Sri S.K.Baral,Adv. & Associates.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this complaint before this Forum against the O.Ps for Redressal of his grievances under the U/S-12 of the Consumer Protection Act, 1986(Act in short) in terms of his prayer made in the complaint petition. The allegation made in the complaint is with regard to deficiency in service provided and unfair trade practice adopted by O.Ps.

1. The case of the complainant in brief is that the complainant was searching for a piece of land for construction of dwelling house nearby Cuttack town and the O.Ps advertised to sale land nearby Cuttack town as they  deal with land selling business. According to their advertisement in which the complainant came to know that the O.Ps have their land to sale in the market.

It is orally agreed between the complainant and O.Ps that they will register the land for an area Ac.0.33 dec. out of plot No.2828/3728 Mutation Khata No.767/280 of Mouza Sribantapur,P.S:Baranga of Cuttack district which corresponds to Sabik Khata No.98,plot No.2828 stands recorded in the name of O.P No.4 and the consideration was fixed at Rs.4,50,000/-.Accordingly on 8.7.15 the husband of the complainant gave a cheque vide No.718909 of Rs.4,00,000/- drawn in State Bank of India,Main Branch,Chandinichowk,Cuttack and cash of Rs.50,000/- to the O.P No.2 in the name of O.P Nol1 and the complainant received a money receipt of Rs.4,50,000/- from the O.P company.The copy of the mutation ROR vide Khata No.767/280 is annexed herewith as Annexure-1, xerox copy of the pass book vide A/c No.10861840605 and money receipt dt.8.7.15 are annexed as Annexure-2 series.On the same day as per instruction of the O.P No.1,2 & 3, the O.P No.4 executed a sale deed in favour of the complainant in presence of other O.Ps.After some days the RSD No.11831500762 dt.08.07.15/16.7.15 was handed over to the complainant.After receipt of the said RSD, when the complainant requested the O.Ps to give possession of the purchased land, the O.P deferred the time in some pleas or other.After few months, when the complainant went to the office of the Tahasildar,Baranga for mutation of her purchased land, she came to know that her purchased land has been recorded in the name of Kamala Swain and others.After enquiry, she came to know that Gandharba Swain who is the father of O.P No.4,Akulananda Swain has sold the said plot earlier since 1971 to one Susila Swain vide RSD No.860 dt.10.2.1971 and handed over the possession of land with the knowledge of O.P No.4 who is one of the attesting witness to the said sale deed.Knowing fully well that Akulananda Swain the O.P. No.4 is not the owner of the land, the Directors of the company with O.P No.3 & 4 had plan to cheat the complainant and to grab the complainant’s money, illegally registered a forged sale deed in favour of the petitioner.Copy of the RSD no.860 dt.10.2.1971 is annexed as Annexure-3.Copy of the Encumbrance certificate and copy of the khata no.98 are annexed as Annexure-4 series.Copy of the RSD no.10391011110 dt.9.11.10 is annexed as Annexure-5.Copy of the RSD no.11831500762 dt.8.7.15/16.7.15 is annexed as Annexure-6.Now the complainant is unable to get her purchased land to record her name and to take possession for the purpose of construction of her residential building.The legal heirs of said Susila Swain recorded their names in ROR vide order passed in R.P.Case No.297/2012 by the court of the Joint Commissioner,Consolidation & Settlement, Cuttack and order dt.10.2.15 passed in Misc. Case No.52/2014 arisingout of R.P. No.297/12 by the Tahsildar Baranga and got their ROR bearing Khata No.767/1057.Copy of the R.P Case and R.P Misc. Case and Mutation Khata No.767/1057 are annexed as Annexure-7 series.

The O.Ps transferred the land din favour of complainant knowing fully well that the land was sold in 1971 in illegal and unlawful manner.The intention of O.P is to cheat the complainant. The O.Ps are not acted as per their propagation and assurance to sale the suitable land.

The complainant has suffered a huge financial loss as the O.Ps refused on 15.8.17 to return the money to her or to register the fair land in her favour.

The complainant lodged an FIR in Markat Nagar Police Station on 16.8.17 and in presence of IIC,Markatnagar, the O.P No.2 undertook to provide a fair/undisputed land to the complainant within 8 days but on 21.10.2016 refused to transfer the land in favour of complainant and also to return the amount.Copies of the FIR annexed herewith as Annexure-8 series.

The complainant has prayed for a direction to O.Ps to return Rs.20,00,000/- to the complainant for his financial loss, harassment and mental agony sustained by him or to transfer a fair land in favour of the complainant of same value and quality against the illegal sale deed.

2. The O.Ps though appeared through their counsel but neither filed written version nor participated in the proceeding and as such were for which we conclude that they have nothing to say in their favour, hence the O.Ps are set exparte.  
3. We have heard the learned counsel for the complainant and gone through the case record and documents and found that the complainant paid consideration of Rs.4,50,000/- and the O.Ps executed a sale deed din favour of the complainant in respect of the plot which was earlier sold in the year 1971 by the father of O.P No.4 and O.P No.4 was an attesting witness to the sale deed.  Since the O.Ps did not participate in the hearing, we conclude that they have nothing to say in their favour and we are constrained to believe the uncontroverted statement of the complainant.  We are of the considered view that the O.Ps have adopted unfair trade practice for which they are jointly and severally liable for the same.

 

                                                                                             ORDER

Basing upon the facts and circumstances of the case, the O.Ps are directed to pay Rs.10,00,000/- to the complainant towards financial loss, harassment and mental agony along with cost of litigation of Rs.5,000/- within 45 days from the date of receipt of copy of this order.    Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 19^th day of September,2019  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                      Member (W)                                                                                                                                                                                                                                                                                                                                        (Sri D.C.Barik)

                                                                                                           President