: J U D G E M E N T :
Sri K.K.Mohanty,Member.
The complainant – Biswajeet Lenka has filed this case with prayer to direct the opp.parties to refund Rs. 44,000.00 to the complainant deposited by him with interest and compensation and cost of litigation.
2. Briefly stated the petitioner’s case runs thus :-
That, the opp.parties were supplying residential plots to the aspirants through a scheme and the complainant had applied to the opp.parties for a plot through their agent at Angul office as per their advertisement. It is averred that the application of the complainant was accepted on 25.5.2009 by the opp.parties and after receiving Rs. 18,000.00 on 25.5.2009 and Rs. 26,000.00 on 29.7.2009 from the complainant, the opp.parties accepted him as a subscribed vide Id No. DPB 5267-68.According to the complainant he had deposited the above said Rs. 44,000.00 with the opp.parties basing on their assurance to supply a residential plot. It is alleged that in may, 2010 the complainant went to the office of the opp.parties to know about the progress and to do paper works and wanted to visit the spot site of his plot but the opp.parties avoided him with various pleas. Then the complainant contacted the opp.parties several times over phone and on 11.8.2014 wrote an application for refund of his total amount of Rs. 44,000.00 but in vain. However after several approaches, on 12.2.2015 the opp.party No.1 issued A/C. payee cheque No. 060437 for Rs. 58,000.00 only which was inclusive of interest but the said cheque was dishonoured by the banker due to insufficient fund. Since, the opp.parties after receiving cash harassed the complainant and did not comply their promise ,the complainant has approached this forum for the reliefs stated above in Para- 1.
3. The opp.parties have been set exparte on 14.7.2015.
4. According to the complainant, after receiving cash at Angul through agent the opp.parties harassed him. Thus the case is maintainable and the complainant has cause of action to file the case.
Since the opp.parties have received the cash from the complainant for supplying residential plot , there is consumer and service provider relationship between them. As the opp.parties have issued cheque on 12.2.2015 for repayment of the dues of the complainant towards his deposit with them and it was dishonoured, the case has been filed in time.
According to the complainant, after receiving Rs. 18,000.00 on 25.5.2009 and Rs. 26,000.00 on 29.7.2009 (total Rs. 44,000.00) , the opp.parties accepted him as subscriber vide Id No. DPB 5267-68 .The complainant has filed Annexures 2 & 3 which reveal that the complainant has made the payments as per his statement. It is alleged that, despite receiving the cash the opp.parties cheated and harassed him and did not give a plot as per their promise. Annexure- 5 is the xerox copy of the cheque No. 060437 issued by the opp.parties and the said cheque was also dishonoured due to insufficient fund. Therefore, the opp.parties have harassed and cheated the complainant and caused loss and mental agony to him so the opp.parties must pay Rs, 58,000.00 to the complainant with 12% quarterly compoundable interest from 12.2.2015 to till actual payment is made. Also the opp.parties should pay Rs. 50,000.00 (Rupees Fifty Thousand) towards mental agony and harassment of the complainant and Rs.5,000.00 (Rupees Five Thousand) towards cost of litigation.
5. Hence the order :-
: O R D E R :
The case is disposed of exparte against the opp.parties. The opp.parties are jointly and severally liable to pay the amount as per this order. The opp.parties shall pay Rs. 58,000.00 (Rupees Fifty-Eight Thousand) to the complainant with 12% quarterly compoundable interest w.e.f 12.2.2015 to till actual payment is made. The opp.parties shall also pay Rs. 50,000.00 (Rupees Fifty Thousand) to the complainant towards mental agony , loss and harassment and Rs. 5,000.00 (Rupees Five Thousand) towards cost of litigation . All the above payments shall be made by the opp.parties within 45 (Forty-Five) days of this order.
