In the court of the President District Consumer Disputes Redressal Commission, Kandhamal, Phulbani
C.C No. 02/2018
Present: Hon’ble: Miss. Sudhiralaxmi Pattnaik, President.
Hon’ble : Sri Purna Chandra Tripathy, Member.
G. Anil Kumar Patra, aged 40 years.
S/O: G. Kutesu Patra,
Propritor of M/S Vikash Corporation
At: Main Road, PO/PS: Phulbani Town.
Dist: Kandhmal …………………………. Complainant.
Versus.
- Managing Director
DGAINS Bhoomi Nirman Ltd.
At-108, Shree Trade Centre, Mira Bhayander Road
Mumbai-401105
- Chandrika Sahu
Marketing Manager,
DGAINS Bhoomi Nirman Ltd.
D/O- Not known
AT/PO/PS: Kantamal.
Dist: Bolangir.…………………………………… Opp. Parties.
For the Complainant: Advocate Sri Monoj Kumar Sahoo and Associates.
For the Opp. Party No- 1- Ex-parte
Opp-Party No- 2- Deleted
Date of order: 27th November 2020.
O R D E R
The Complainant has filed this complaint against the Opposite parties Under Section 12 of the C.P Act 1986 alleging the deficiency in service and unfair trade practice adopted by the O.Ps.
The case of the Complainant in brief is that the O.P No.1 is having the business of Real Estate in the name and style as “DGAINS Bhoomi Nirman ltd”, similarly the O.P No.2 was working as the marketing manager under the O.P No.1, who visited the customers and motivated for booking of plots under the O.P No.1. The O.P No.2 came to the contact of the complainant and motivated him with a profitable proposal on booking of plots under OP No- 1. Upon such proposal of the OP No- 2
-2-
the complainant agreed and booked 2 plots under the project MINI SHILLONG on payment of Rs. 1, 50,000/- vide booking No.F03171696 and F02854618 and to that effect on 31-08-2010 an agreement duly executed by the O.P No.1 with the complainant. After about 3 years on 23-09-2013 the Complainant sent a request letter to the O.P for cancellation of the booking and requested to refund the booking amount in his favour. Upon such request of the Complainant , on dated 06-11-2013 the O.P No.1 had issued two letters to the Complainant where the O.P No.1 stated that the refund will be made within 60 days and the refund amount shall be at the prevailing market value and valued the properties at Rs 2,70,000/- each. After that the O.P No.1 neither refunded the booking amount nor made any correspondences with the Complainant for about 2 years. Thereafter on repeated approaches of the Complainant, the O.P No.1 had issued two cheques bearing No.192972 and 192976 dated. 20-04-2016 for an amount of Rs. 1, 50,000/- each respectively in favor of the Complainant. The complainant on dated19-07-2016 presented one of the cheque bearing No.192976 amounting of Rs 1, 50,000 at AXIS bank, Phulbani branch for collection of the cheque amount and credited to his account No. 912010046116740 but the cheque return unpaid due to the insufficient fund.
Thereafter the Complainant received the unpaid cheque along with the cheque return memo from his banker and soon after receipt the said cheque return memo, the Complainant made immediate contact with the O.P No.2 and narrated about the facts of dishonor of the cheque .The O.P No.2 advised the Complainant not to present another cheque No. 192972 with an assurance for early payment. On good faith, the Complainant neither presented the cheques nor take any legal steps in this matter. After waiting few months on dated 15-11-2017 the Complainant sent a pleader notice to the O.P No.1 through registered post which was served to O.P No.1 on dated. 22-11-2017.
Despite of receipt the said pleader notice, the O.P No- 1 remained silent. Hence the present complainant filed the complaint with a prayer to issue direction to the OPs to refund the booking amount along with 18 % interest per annum from the date of deposit till the date of payment and to pay the litigation cost of Rs. 5,000/- and award the compensation of Rs. 20,000/- for mental agony.
Basing upon the complaint of the complainant, notice issued to the Ops to appear and file their written version as defense against the allegation made by the complainant. It is seen that the notice was duly served to the O.P No- 1, but he did not appeared, hence the OP No- 1 was set ex-parte on 02-04-2018.The notice to the OP No- 2 was return back with the postal remark as insufficient address. On 12-10-2020 the learned Counsel for the Complainant filed a petition to delete the O.P No.2 from the case, accordingly the petition allowed and deleted the O.P No.2 as
-3-
party in this case. The Complainant led his evidence by way of evidence affidavit and filed a memo of written argument in support of his case. After perusal the documents filed by the complainant , it is revealed that the Complainant had booked two plots under the project of MINI SHILONG on payment of Rs. 1,50,000/- each vide booking No.F03171696 &F02854618 and executed an agreement with the O.P No.1 on dated. 31-08-2010. The OP also accepted the cancellation letter of the complainant and issued two cheques bearing No. 192972 and 192976 of dated. 20-04-2016 each amounting of Rs. 1,50,000/- towards the refund amount to the Complainant but one of the cheque bearing No. 192976 of Rs. 1,50.000/-was dishonored due to insufficient fund and another cheque bearing No. 192972 was not presented by the complainant with a hope of early settlement . Inspite of received the pleader notice, the OP remained silent also not taken any steps for refund the booking amount.
Considering all the facts and circumstances of the case including the contentions advanced by the learned counsel for the complainant. We are of the view that there is a gross deficiency in service on the part of the OP. Hence the complaint is allowed against the OP.
O R D E R
The case is allowed as ex-parte against the O.P No.1. The O.P No.1 is directed to refund Rs 300,000/- to the Complainant with 12 % interest per annum from the date of deposit i.e. 31.08.2010 till the date of payment. The O.P No.1 is also directed to pay Rs.5, 000/- for litigation cost and Rs. 10,000/- towards compensation for mental agony to the complainant.
It is further directed the OP No-1 to comply the order within 30 days from the date of receipt of this order.
Accordingly the C.C is disposed of, Supply free copy of this order to the parties concerned
Order Pronounced in the open Court today on this 27th the day of November 2020.
Member President
