Orissa

Cuttak

CC/69/2021

Dr Manas Ranjan Samatray - Complainant(s)

Versus

Director,M/s Ashadeep Homes (P) Ltd - Opp.Party(s)

R L Pattanaik & associates

15 Sep 2022

ORDER

IN THE COURT OF THE DIST. COINSUMER DIUSPUTES REDRESSAL COMMISSION,CUTTACK.

                                                              C.C.No.69/2021

            Dr. Manas Ranjan Samantray,

S/O:Late Jagannath Samantray,

Vill:Sananayapali,PO:Tanapalli,Baghamari,

Dist:Khurda

At present At:Flat No.B/402,Renuka Enclave,

Kanika Chowk,Cuttack,Dist:Cuttack                          ... Complainant.

 

                                    Vrs.

M/s. Ashadeep Homes (P) Ltd.,

                 Plot No 23,N-5,IRC Village,Nayapalli,

Bhubaneswar,Dist:Khurda

Represented through it’s Director Mr. Abani Patnaik,

S/O:Late Sri Akshaya Patnaik,

Plot No.23, N-5,IRC Village,Nayapalli,

                   Bhubaneswar,Dist-Khurda

 

Present:           Sri Debasish Nayak,President.

                        Sri Sibananda Mohanty,Member.

 

Date of filing:   07.04.2021

Date of Order:  15.09.2022

 

For the complainant:          Mr. R.L.Pattnaik,Adv. & Associates.

For the O.P.             :                    None.     

 

Sri Sibananda Mohanty,Member.

                       

            Case of the complainant bereft unnecessary details is that he paid a sum of Rs.6,49,374/- to the O.P towards the consideration money for purchasing a flat bearing no.B-402 in the fourth floor, having built up area of 793 Sq.ft. in the “Renuka Enclave” at Kanika Chhack,Cuttack as well as garage space no.10  for the four wheeler in the stilt floor.  The O.P also executed a registered sale deed on 27.6.2008 to that respect.  The further case of the complainant is that the O.P handed over him the flat but had not given possession of the garage space no.10 till date.  He also stated that he had made repeated representations as well as approached the O.P many time to give delivery possession of the garage but the O.P paid deaf ear to the request of complainant.  Hence having no other alternative, on 8.2.21 he sent a legal notice to the O.P to hand over the garage to him but the O.P did not take any action.  Hence, he has filed the present case with a prayer for a direction to the O.P to handover the garage space no.10 for parking of four wheelers and compensation of Rs.5,00,000/- towards harassment and mental agony as well as litigation expenses of Rs.1,00,000/-.

            The complainant has filed xerox copy of the documents in order to prove his case.

2.         The O.P has neither appeared nor filed the written version for which he is set exparte.

3.         Keeping in mind the averments as made in the complaint petition and the documents filed by the complainant, this Commission thinks it proper to settle the following points in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

            ii.         Whether there was any deficiency in service on the part of O.Ps?

            iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Points no.i & ii

            Points no.i & ii are taken up together for better consideration here in this case.

            The complainant has filed xerox copy of the registered sale deed which was executed on 27.6.08.  The said saledeed reveals that the O.P had received Rs.6,40,374/- towards the consideration money for flat no.B-402 in the fourth floor, having built up area of 793 Sq.ft. in the “Renuka Enclave” at Kanika Chhack,Cuttack as well as  garage space no.10  for the four wheeler in the stilt  floor of the said building.  It is understood that the O.P transferred the above mentioned flat as well as garage to the complainant on receipt of required consideration money from him.  The O.P handed over the possession of the flat only to the complainant but did not give possession of the garage space no.10.  The complainant has approached the O.P for giving possession of the garage since 25.11.2010 by way of representation, so also he had given representations on 23.12.12,15.1.14,17.2.16,19.3.18 & 5.5.20 but the O.P did not take any action on the representation of the complainant.  Hence, the complainant on 8.2.21 had sent a legal notice to the O.P to handover possession of the garage space no.10 but the O.P paid deaf ear to the request of the complainant.   The complainant’s plea remains unchallenged.  The complainant had paid the consideration money for the flat as well as the garage but the O.P only had handed over possession of the flat but has not delivered possession of the garage to the complainant.  Hence the O.P has committed deficiency in service and the present complaint case is maintainable.

Point no.iii.

            In view of the discussions as made above, the complainant is entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                                            ORDER

            The case is allowed partly against the O.P.  The O.P is hereby directed to handover possession of the garage space no.10 in the stilt floor of “Renuka Enclave” situated at Kanika Chowk,Cuttack to the complainant with immediate effect and the O.P is also further directed to pay Rs.3,00,000/- to the complainant towards his mental agony and harassment alongwith a sum of Rs.50,000/- towards his litigation cost within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 15^th day of September,2022 under the seal and signature of this Commission.                      

                                                                                                Sri Sibananda Mohanty

                                                                                                           Member.

 

             Sri Debasish Nayak

                                                                                                             President