Date of filing:- 14/11/2022.
Date of Order/Judgement:-06/02/2023.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 43 of 2022.
(1) Smt.Nandini Satapathy, W/o. Late Uttam Charan Hota.
(2) Radhay Barsaana Naandini, D/o. Late Uttam Charan Hota, Both resident of V.S.S. Nagar,
Ward No. 18, Backside of Swayamsiddha Bhawan, Po. Bargarh, Ps/Dist. Bargarh.
V e r s u s
Managing Director, Satya Multiplex Pvt. Ltd, Plot No. N6/321 Nayapalli, Ps. Nayapalli, Bhubaneswar, Dist. Khurdha, Pin 751012.
….. Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Smt. M. Mishra
For the Opposite Party :- :- Exparte
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.06/02/2023. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The Complainant have come to the Commission alleging deficiency in service against the Opposite party. The Case of the Complainants is that Uttam Charan Hota entered into two agreements with the Opposite Party. On 26/03/2008, booked two plots under the Laxmipriya, Enclave Plotted scheme for thirty months. The Plots were having size 1200 Sq. feet and 1200 sq. feet respectively. The Price fixed was 81,000/-(Rupees eighty one thousand)only respectively. Uttam Charan Hota paid Rs.6000/-(Rupees six thousand)only vide M.R. No. 5220 dated 04/03/2008 having challan No. 043006. On different dates till November 2011 the entire amount was paid to the Opposite party. There after the Opposite party was insisted to register the housing plots and the Opposite party assured till October 2020.
In October 2020, the Opposite party was contacted telephonically but on the plea of Corona again assured to register the plot or refund the amount. On 06/11/2020 a pleader notice was sent. The Opposite party again assured but it was in vain.
In the mean while Uttam Charan Hota, husband of Complainant No.1 and father of Complainant no.2 due to mental stress became ill, hospitalized in Bhubaneswar and died on 07/10/2022. After death of Uttam Charan Hota the Complainants while searching documents came to know about the agreements and thereafter filed the Case.
- The Opposite Party was noticed but after receipt of notice also did not turn up, accordingly set exparte.
- Perused the documents filed by the Complainants. The Managing Director of Opposite Party namely jagadish Sahoo booked 30 X 40 sq. ft. plot No. 2371 in Laxmipriya Enclave plotted Scheme for 30 months received Rs. 6000/-(Rupees six thousand) and issued M.R. No. 5220 dated 04/03/2008 and executed the agreement dated 26/03/2008. Likewise another agreement for Rs. 81000/-(Rupees eighty one thousand)only was executed by the managing director of the Opposite Party. On the same day for 1200 sq.ft plot no. 2372.
The following amount has been acknowledged by the Opposite Party on different dates:-
M.R. No. Date. Amount
42039 05/05/2008 Rs.2000/-
42562 09/06/2008 Rs.2000/-
4291 213/07/2008 Rs.2000/-
43361 06/08/2008 Rs.2000/-
43814 10/09/2008 Rs.2000/-
44112- 13/10/2008 Rs.18,000/-
45129 10/11/2008 Rs.3000/-
45669 07/01/2009 Rs.4000/-
45961 06/02/2009 Rs.2000/-
46450 14/03/2009 Rs.2000/-
47102 10/04/2009 Rs.2000/-
47427 30/04/2009 Rs.22000/-
48199 07/07/2009 Rs.10000/-
50168 09/12/2009 Rs.20000/-
50865 12/01/2010 Rs.2000/-
50824- 09/03/2010 Rs.4000/-
52132 09/04/2010 Rs.2000/-
52576 10/05/2010 Rs.16000/-
52842 11/06/2010 Rs.4000/-
4504 13/09/2010 Rs.4000/-
53900 15/11/2010 Rs.6000/-
524028 11/11/2010 Rs.6000/- (DD)
043006 04/03/2008 Rs.12400/-(Cheque)
Total. 1,49,400/-
(Rupees one lakh forty nine thousand four hundred)only
The Complainants have filed the term and condition slip brochure, project brochure and correspondences made on 11/04/2014, 01/06/2019, pleader notice dated 06/11/2020.
- After perusal of the documents it reveals that the Opposite Party agreed to hand over 1200x2 sq.fts plot No. 2371 and 2372 out of Laxmi Priya Enclave Plotted Area. The Opposite party agreed to execute registered sale deed but the stamp duty registration charges are to be borne by the purchaser. The Complainant only could show payment of Rs. 1,48,400/-(Rupees one lakh forty eight thousand four hundred)only and not produced any receipt for 13,600/-(Rupees thirteen thousand six hundred)only. Learned advocate at the time of submission submitted that the receipts have been misplaced.
From the Correspondences of deceased Uttam Charan Hota and with advocate notice it is clear that after payment of agreed amount also the Opposite Party failed to perform his part of contract. Finding no other way the Complainants demanded the amount deposited with opposite party along with interest.
- From the documents it is clear that the Opposite party has violated the agreement and failed to perform his part of contract. The number of receipt filed by the Complainants show that Uttam Charan Hota has time to time paid the monthly amount. The Opposite party all along remained silent which proves the deficiency in service by the Opposite party. The Opposite Party. After receipt of the notice also became indifferent which can not expected from a responsible person. Taking into corona situation and affidavit of the Complainant No.1 the delay in filing has been condoned.
The Opposite party found to be deficient in its service. Accordingly it is Ordered.
O R D E R
The Complaint is allowed exparte against the Opposite party. The Opposite party is directed to refund 1,49,400/-(Rupees one lakh forty nine thousand four hundred)only with 9% interest per annum from the date of filing within one month from the date of this order.
Further the Opposite Party is directed to pay compensation of Rs. 5,00,000/-(Rupees five lakh)only and Rs. 20,000/-(Rupees twenty thousand) for litigation expences to the Complainants. Failing which the entire amount will carry 12% interest P.A. till realization.
Order pronounced in open court on this 06th day of February 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal) (Jigeesha Mishra)
Dt.06/02/2023 Dt.06/02/2023
M e m b e r (w) P r e s i d e n t.
UPLOADED BY
(SRI DUSMANTA PADHAN)
OFFICE ASSISTANT.
