Orissa

Cuttak

CC/60/2017

Padmini Kalo - Complainant(s)

Versus

Managing Director,Tripuri Enterprises Private Limited - Opp.Party(s)

S S Chaini

26 Nov 2019

ORDER

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

C.C No.60/2017

 

Padmini Kalo,

At/PO:Shankara,P.S:Town Thana,

Dist:Sundargarh.                                                                       .… Complainant.

                                                                  

Vrs.

1. Managing Director,

Tripuri Enterprises Pvt. Ltd.,

Situated at Plot No.B/1423,Sector-6,

C.D.A,Cuttack-14.

 

2.  Proprietor,

Tripuri Enterprises Pvt. Ltd.,

At:Jyostna Alankar Bhandar,Jail Road,

PO:Buxibazar,Cuttack.

 

3. Prasanna Kumar Sahoo,Director,

Tripuri Enterprises Pvt. Ltd.,

At:Bidyadharpur,Main Road,Nayabazar,

Near JMG Auto,Near Reliance Petrol Pump,Cuttack.

 

4. Anand Kumar Sahoo,Director,

Tripuri Enterprises Pvt. Ltd.,

                     At:Tulsipur,T.V.Road,Cuttack..                                                        … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    03.05.2017

Date of Order:  26.11.2019

 

For the complainant           :           Sri S.S.Chaini,,Adv. & Associates.

For the O.Ps                         :                            None.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this complaint before this Forum against the O.Ps for Redressal of his grievances Under Section-12 of the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to  deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. Briefly stated, the case of the complainant is that on 21^st July,2012, the complainant had made an agreement with the O.Ps to purchase a land Mouza/Area:Mundali,Dist:Cuttack from the O.Ps by paying Rs.1,08,000/(one lakh eight thousand) only.  In that agreement, it also mentioned that after final realization of total cost of the land i.e. Rs.1,.08,000/- to the O.Ps will execute the sale deed. (Photo copy of the agreement to sale is annexed as Annexure-1). The clause-4 of the aforesaid agreement stated that “the party of the second party/purchaser has to get the land registered in his name within 4 years(48 months).  In case of depositing of Rs.1,08,000/- the O.Ps will execute the sale deed, but the O.Ps have not executed the sale deed in favour of the complainant,.  As per clause-9 of the above said agreement, the O.Ps had issued a cheque vide No.949739 dt.31.9.16 in favour of the complainant but it was dishonoured, so the complainant had also sent a legal notice to the O.Ps on 28.7.17 to enforce the agreement and execute the sale deed.  But all the legal notices are returned with an endorsement that “always absent”.  (Copies of the legal notice is filed as Annexure-2,3 & 4).  Due to non-enforcement of agreement and the non-execution of sale deed, the complainant is residing in a rented house till today. Now the complainant is also suffering from old age ailments and the cost of building material has also increased.

The complainant has prayed before this Forum to direct the O.P to pay Rs.1,08,000/- (One lakh eight thousand only) along with interest @ 24% per annum from the date of payment till realization and pay a compensation of Rs.3,00,000/- to the complainant on account of mental agony, physical harassment and financial loss.

2. The O.Ps have neither appeared nor filed written version or participated in the hearing for which they were set exparte.
3. We have heard from the learned counsel of the complainant at length and went through the documents and papers filed by the complainant.  It is found that the complainant has paid a total amount of Rs.1,08,000/- and an agreement was executed between the parties and the O.Ps agreed to alienate the land in favour of the complainant but did not execute the sale deed.

O.Ps have neither attended the hearing nor filed written version for which we conclude that they have nothing to say in their favour and we are constrained to believe the uncontroverted statement of the complainant.we are of the considered view that the O.Ps have adopted unfair trade practice for which they are jointly and severally liable for the same.

                                                                                        ORDER

On the basis of the facts and circumstances of the case, the O.Ps are directed to refund a sum of Rs.1,08,000/-(Rupees one lakh eight thousand only) and to pay Rs.1,50,000/- (Rupees One lakh fifty thousand only) as compensation for mental agony and harassmentto the complainant within 45 days from the date of receipt of copy of this order.

                Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 26^th day of November,2019  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                      Member (W)                                                                                                                                                                                                                                                                                                                                    (Sri D.C.Barik)

                                                                                                         President.