Orissa

Cuttak

CC/126/2017

Rupesh Kumar Routray - Complainant(s)

Versus

MD,M/s Vasundhara Land & Developers Pvt Ltd - Opp.Party(s)

A K Dash

27 Nov 2020

ORDER

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

                                                                                    C.C. No.126/2017

                                Rupesh Kumar Routray,

At:Ranihat,Teli Sahi,

P.O:Buxibazar,P.S:Mangalabag,

Dist:Cuttack.                                                                                            … Complainant.

 

                                                Vrs.

 

                               

1.         Managing Director,

M/s. Basundhara Land & Developers Pvt. Ltd.,

R/O:Plot No.1137/1138,Mahanadi Vihar(Orbital House),

                 Cuttack-753004

Now at present At:Plot No.510/511, Mahanadi Vihar,PO:Nayabazar,

                 Ps-Chaulianganj,Dist-Cuttack-753004

 

2.         Damayanti Nayak,

C/O:M/s. Basundhara Land & Developers Pvt. Ltd.,

R/O:Plot No.1137/1138,Mahanadi Vihar(Orbital House),

                  Cuttack-753004

Now at present At:Plot No.510/511, Mahanadi Vihar,PO:Nayabazar,

 Ps-Chaulianganj,Dist-Cuttack-753004

 

3.        Kishore Chandra Jena,S/O:Sri Rama Chandra Jena,

C/O:M/s. Basundhara Land & Developers Pvt. Ltd.,

R/O:Plot No.1137/1138,Mahanadi Vihar(Orbital House),

Cuttack-753004

Now at present At:Plot No.510/511, Mahanadi Vihar,PO:Nayabazar,

 Ps-Chaulianganj,Dist-Cuttack-753004                                                                                  ...Opp. Parties

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:     24.10.2017

Date of Order:  27.11.2020

 

For the complainant:      Mr. A.K.Dash,Adv. & Associates.     

For the O.P No.1 to 3:     None.    

Smt. Sarmistha Nath,Member(W).

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

1. The case of the complainant in short is that the O.P No.1 is a private limited company and O.P No.2 is the Managing Director and O.P No.3 is the Director of the said company.  O.P No.2 & 3 are husband and wife and the company deals in selling plots to customers primarily for residential purposes at Nimpur.  The complainant wanted to purchase a piece of land and discussed with O.P No.2 & 3.  As per discussion complainant paid Rs.700/- as membership fee and Rs.51,500/- as advance.  The O.Ps executed an agreement with the complainant to sell the land measuring 1750 Sft. For Rs.1,71,500/- with terms and conditions to pay the balance amount of Rs.1,20,000/- with 24 monthly installments.  Copy of agreement is Annexure-1. From 31.5.2008 to 18.2.2012 the complainant and his brother Rajesh Kumar Routray(on behalf of the complainant) paid Rs.1,72,000/- to the O.Ps.  Copy of money receipts are attached as Annexure-2 series.

After lapse of 4 years and 4 months, the O.Ps failed to give land to the complainant and in the month of July,2016 the O.Ps decided to return the received amount of Rs.1,71,500/- within 6 months to the complainant.As per settlement, the O.Ps issued 1^st chequedrawn in IDBI Bank bearing No.389345 dt.25.10.16 of Rs.45,000/-, 2^nd chequeof IDBI Bank bearing No.389346 dt.15.11.16 of Rs.45,000/-, 3^rd chequeof IDBI Bank bearing No.389347 dt.25.12.16 of Rs.45,000/-,4^th cheque of IDBI Bank bearing No.389348 dt.31.20.16 of Rs.35,000/-( total amount of Rs.1,70,000/-).As per the settlement, the O.P issued cheque for Rs.1,70,000/- and assured to pay balance amount after calculating the interest of the said period within 31.3.2017.Though the said cheques have been presented within stipulated period in S.B. Account of the complainant but the cheques were dishonoured due to insufficient of funds in the account of O.Ps.Copies of the cheques with return memos are attached as Annexure-3 series.

The complainant after receiving the return memosfrom his bank, issued demand notice through his counsel on 29.12.16 for first 2 cheques (bearing No.389347 & 389378) and on 6.4.2017 for last 2 cheques (bearing No.389347 & 389378).Copies of the legal notice dt.29.12.2016 and 6.4.2017 are attached as Annexure-4 series.

The O.Ps though received the demand notice but did not pay the amount.Complainant and his brother met the O.Ps several times till 5.9.2017 and the complainant issued further notice on 5.9.2017 to the O.Ps through Regd. Post with A.D to pay the settled amount with interest within 15 days from the date of receipt of the notices.Pleader’s notices dt.5.9.15 and postal receipt are attached as Annexure-5 series.

The O.Ps though received the same on 6.9.17 as per postal track dt.22.9.17 but till today neither paid the amount nor replied to the notice.Copies of the postal track are attached as Annexure-6 series.

The complainant has prayed for a direction to the O.Ps to pay the received amount of Rs.1,70,000/-,Rs.1,23,480/-towards interest,Rs.1,00,000/- towards deficiency in service Rs.50,000/- towards mental agony, notice charges of Rs.2000/- and advocate fees of Rs.5000/-.

2.  In spite of receipt of notice the O.Ps have neither appeared nor filed any written version, hence they were set exparte.
3. We have heard from the learned counsel for the complainant at length, gone through the pleadings and perused the documents and papers filed by the complainant and found that the O.Ps executed an agreement with the complainant to sell a piece of land and received Rs.1,72,200/- from the complainant in installment.  O.Ps did not provide the land to the complainant and agreed to refund the received amount.  Accordingly the O.Ps issued cheques which were returned dishonoured due to “insufficient funds”.
4. The complainant met the O.Ps several times and sent pleader’s notice requesting to refund the amount.  Though the O.Ps received the same but preferred to remain silent for which the complainant suffered from mental agony and harassment.  The O.P though received notice; neither appeared nor filed their written version.  Since the O.Ps did not participate in the hearing, we conclude that they have nothing to say in their favour and we are constrained to believe the uncontroverted averments of the complainant.

We are of the considered view that O.Ps have adopted unfair trade practice for which they are jointly and severally liable for the same.

                                                                                ORDER

The case of the complainant is allowed exparte against the O.Ps.The O.Ps are directed to refund Rs.1,70,000/- along with Rs.1,50,000/- towards compensation for mental agony within a period of 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 27^th day of November,2020 under the seal and signature of this Commission.

                                                                   

                                                                                                                                               

 

Smt. Sarmistha Nath

Member(W).

 

Sri D.C.Barik.

President.