Orissa

Cuttak

CC/16/2020

Krushna Chandra Panigrahi - Complainant(s)

Versus

Managing Director, Maa Tarini Estcon (P) Ltd - Opp.Party(s)

B N Nayak & associates

23 Sep 2022

ORDER

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

                                                                                       C.C.No.16/2020

Krushna Chandra Panigrahi,

S/O:Late Binayak Panigrahi,

Resident of Plot No.F/610,Sector-7,

Markat Nagar,CDA,Cuttack.                                                        ... Complainant.

 

                                                Vrs.

1.        Maa Tarini Estcon (P) Ltd.,

Bhubaneswar represented through the

Managing Director,Sri Niranjan Rana,

Plot No.91,Millenium City,Pahal,NearNisan Motor Show Room,

Bhubaneswsar,Dist:Khurda.

 

2.        The Branch Incharge,

Maa Tarini Estcon (P) Ltd.,C/o:Sri Niranjan Rana,

Plot No.91,Millenium City,Pahal,NearNisan Motor Show Room,

Bhubaneswsar,Dist:Khurda.

 

3.        Liquidator,Maa Tarini Estcon (P) Ltd.,

Bhubaneswar Plot No.91,Millenium City,

Pahal,NearNisan Motor Show Room,

Bhubaneswsar,Dist:Khurda.                                       ... Opp. Parties.

                       

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    31.01.2020

Date of Order:  23.09.2022

 

For the complainant:          Mr. B.N.Nayak,Adv. & Associates.

For the O.Ps              :              None.

 

Sri Debasish Nayak,President                                                  

            Case of the complainant as made out from the complaint petition in short is that being insisted to purchase plots as were sold by the O.Ps, the complainant had executed an agreement to that effect on 3.1.2003 and had deposited a total amount of Rs.1,01,500/- together with a sum of Rs.27,000/- towards the cost of the sale-deed to the O.Ps.  But since then the O.Ps have not registered the sale-deed in favour of the complainant nor had they provided any landed plot to the complainant for which the complainant was forced to file this case after issuing a registered notice to them.  The complainant thus has prayed before this Commission to direct the O.Ps in order to execute the sale-deed in favour of him, hand over possession of the desired plot to him within a month of the order so also to pay him an amount of Rs.5,00,000/- towards compensation and another sum of Rs.2,00,000/- towards his mental agony.

            The complainant has filed series of copies of documents in order to prove his case.

2.         The O.Ps though were issued notice but they had not preferred to contest this case for which all them were set exparte vide order dt.6.4.22.

3.         The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

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

            iii.        Whether the O.Ps had practiced unfair trade?

            iv.        Whether the complainant is entitled to the reliefs as claimed?

Points no.ii & iii.

            These two pertinent points are taken up together first for consideration here in this case.

            As per the averments of the complaint petition together with the copies of several documents as annexed therein, this Commission comes to a conclusion that infact the complainant had paid as per the agreement, a consideration amount of Rs.1,01,500/- and another sum of Rs.27,000/- to the O.Ps for purchasing a plot from them and for registering it in his name which was not registered in his favour nor possession was handed over to the complainant.  Thus, infact the O.Ps were deficient in their service towards the complainant and thereby had practised unfair trade.  These two points thus go in favour of the complainant.

Points no.i & iv.

            When the complainant after depositing the money could not take over possession of the intended plot from the O.Ps he had filed this case which is maintainable and he is entitled to the reasonable reliefs as claimed by him.  Hence it is so ordered;

                                                        ORDER

            The case is decreed exparte against all the O.Ps who are found jointly and severally liable here in this case.  The O.Ps are thus directed to register the intended landed plot in favour of the complainant and to hand over him possession of the said plot within a month from getting this order.  The O.Ps are further directed to pay an amount of R.50,000/- towards his mental agony and harassment as caused by them to the complainant.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 23^rd day of   September,2022 under the seal and signature of this Commission.           

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                                                                                                                                                               Sri Sibananda Mohanty

                                                                                                                                                  Member