Orissa

Cuttak

CC/203/2014

Manoj Kumar Shaw - Complainant(s)

Versus

Managing Partner,M/s SHREERAM Realcon - Opp.Party(s)

A K Samal

24 Aug 2017

ORDER

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

C.C No.203/2014

Sri Manoj Kumar Shaw,

S/O:Kali Prasad Shaw,

Res. At:Station Road,

PO:College Square,

Town/Dist:Cuttack-753003.                                                      … Complainant.

 

                Vrs.

 

       Manging Partner,Sri Rashmi Ranjan Jena,

      M/s. SHREERAM Realcon.,

      Office:At:Bisalya Karani Lane,

      Near Samrat Cinema,PO/PS:Madhupatna,

      Dist:Cuttack.                                                                                                            … Opp. Party.

 

Present:              Sri Dhruba Charan Barik,President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:     31.12.2014. 

Date of Order:  24.08.2017.

 

For the complainant        :        Sri A.K.Samal,Advocate.

For the O.P.                       :        Sri Nityananda Behuria,Adv. & Associates.

 

Sri Bichitra Nanda Tripathy, Member.

                The case is against deficiency in service on the part of the O.P.

1. Shortly the case of the complainant is that the complainant came to know from the advertisement published by the O.P. firm regarding sale of land meant for residential purpose under a plotted scheme in the name and style of “Simran Vihar” situated at Mouza Tarol,Nankar,Cuttack.  The complainant  wanted to purchase a plot measuring 2500 Sft.(approximately) under the said scheme and paid membership fees worth Rs.800/-.(Annexure-1).  An agreement was executed between the complainant and the O.P firm on 28.09.2007 to this effect (Anenxure-2).  As per the said agreement the O.P firm will provide road,drainange facility, open space, common utility area, commercial  complex, educational institute, health home, necessary leveling and plantation etc.  The sale price of the plot measuring 2500 Sft. (approx.) was Rs.1,75,000/- of which Rs.25,000/- was to be paid as advance and rest amount was to be paid in 18 E.M.Is @ Rs.8333/- per month.   Apart from payment of membership fees of Rs.800/- which was paid on 02.08.2007, the complainant paid Rs.25,000/- on 03.08.2007 and also paid a further sum of Rs.36000/- in 12 installments of  Rs.3000/- each between 15.10.2007 to 29.04.2009.  Thus has paid a total sum of Rs.61,000/ excluding the non-refundable membership fee of Rs.800/- against the cost of plot i.e. Rs.1,75,000/-.  (Copy of money receipts vide Annexure-3).  The complainant visited the site during May,2009 and came to know that the plotted land was not developed till that period.  Complainant enquired the same from the staff members of O.P. office as well as from the people residing nearby and came to know that some dispute has arisen between the land owners Vrs. the O.P firm relating to the said landed property for which the land could not be developed.  The O.P also failed to give any specific time regarding solution of the problem as stated above.   For such reasons, the complainant did not want to deposit any more money with the O.P rather asked the O.P firm to get back his money already deposited with the O.P firm amounting to Rs.61,800/- along with interest @ 12% from the date of deposit till the date of actual payment.  He served a legal notice on the O.P to this effect on 30.05.2014. (Annexure-4).  The O.P replied to the above advocate notice of the complainant through his advocate on 10.06.2014 and denied such charges. (Annexure-5).  Finding no other way, the complainant took shelter of this Hon’ble Forum. He has prayed to direct the O.P to refund a sum of Rs.58,800/- to the complainant along with interest @ 18% from the date of deposit till date of final payment, a further sum of Rs.25,000/- towards mental agony along with cost of litigation.
2. The O.P vide their written version dt.18.05.2015 has intimated that the complainant had booked a plot measuring an area of 2500 Sft.  The total cost of the said plot was Rs.1,75,000/- of which the complainant has paid a sum of Rs.25,000/- as advance on the date of agreement i.e. on 27.08.2007 and rest amount i.e. Rs.1,50,000/- was payable in 18 E.M.Is @ Rs.8333/- each as per the said agreement.  But the complainant did not pay the E.M.Is in time as per agreement dt.28.09.2007.  The O.P has not disputed the payments made by the complainant but intimated that it is clearly stated in the clause-12(a) of the application form that “if a member fails to pay as per the payment schedule he will be automatically downgraded to the very next scheme period and the payment made for the above mentioned scheme will be adjusted as per the payment schedule of the said downgraded scheme”.  The O.P has developed most of the plots of the said scheme and handed over such plots to the customers who had paid their dues as peer agreement.  The O.P has not received any complaint from the complainant apart from the legal notice dt.30.05.2014.  The complainant has not requested the O.P for cancellation of membership and to refund the amount paid by him as per prescribed format under clause-14 of the application form instead he has filed this case against the O.P who has no intention to grab the money of the innocent buyers.  The O.P is also ready and willing to give delivery and possession of the land subject to payment of present market price as assessed by the firm in view of the latches made by the complainant as deviation to the agreement dt.28.09.2007.
3. We have gone through the case in details, perused the documents minutely as filed by the complainant as well as by the O.P, herd the advocates at length from both the sides and observed that the complainant wanted to purchase a piece of land from the O.P for residential purpose.  He registered himself as a member by paying a sum of Rs.800/- as non-refundable membership fees on 02.08.2007, signed an agreement dt.28.09.2007 with the O.P.  On perusal of the money receipts as deposited by the complainant vide Annexure-C it is learnt that the complainant has paid Rs.25,000/- as advance on 03.08.2007 and also has paid Rs.36,000/- in 12 installments @ Rs.3000/- each during the period from 15.10.2007 to  29.4.2009.  Thus he had paid Rs.61,000/- in total towards  part payment against the cost of the land which was calculated and agreed to be paid amounting to Rs.1,75,000/-.  But the complainant has failed to pay EMIs as per the agreement @ Rs.8333/- each for 18 months.  The O.P has also accepted payment @ Rs.3000/- in 12 installments amounting to Rs.36,000/- without raising any objection.  But it is a fact that the complainant has neither paid the dues as per E.M.Is as fixed in the agreement dt.28.09.2007 nor paid the full amount within the time schedule as fixed in the agreement.  The O.P has clearly stated in their written version dt.18.5.2015 that they have not received any complaint/notice for refund of money as deposited by the complainant prior to the advocate’s notice dt.30.05.2014.  The complainant has also failed to prove that they have asked the O.P to refund the amount as deposited towards cost of land prior to issue of legal notice dt.30.05.2014. The O.P has stated that he has no intention to grab the money of the innocent buyers.  Thus it is clear that the complainant has failed to prove deficiency in service on the part of the O.P.  But it is a fact that the complainant has paid a sum of Rs.61,000/- to the O.P and the O.P has kept such money till date.

                                                     ORDER

Basing on the facts and circumstances as stated above and to meet the ends of justice, the O.P will refund a sum of Rs.61,000/- to the complainant towards the amount already deposited by the complainant.  The payment shall be made within a period of 45 days from the date of receipt of this order, failing which the complainant is at liberty to take shelter of this Hon’ble Forum as peer C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 24^th    day of August,2017 under the seal and signature of this Forum.

 

                                                                                                                                       (Sri B.N.Tripathy )

                                                                                                                                             Member.

                                                                                                                                       (   Sri D.C.Barik  )

                                                                                                                                              President.

                                                                                                                                          

                                                                                                                                          (Smt. Sarmistha Nath) 

                                                                                                                                          Member(W).