DATE OF DISPOSAL: 26.03.2021
Dr. Aswini Kumar Mohapatra,President:
The factual matrix of the case is that the complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service and unfair trade practice against the Opposite Parties (in short the O.Ps.) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that O.P. No.1 motivated the complainant by way of different misleading information about different financial and real estate schemes of the company. The O.P.No.1 opened a camp office at Berhampur at Neelkamal Hotel near Metro Bazar and conducted several motivational programmes and could able to motivate the present complainant. Being motivated, the complainant had deposited an amount of Rs.3,00,000/- to registered a land out of following total lands situated under Mouza: Matia pada and Rudraksha, Tahasil: Pipili, Dist: Puri vider Khatian 49 Plot No.248 an extent of Ac. Of Ac.0.690 Dec. and Khata No. 272, Plot No. 249 an extent of Ac 0.620 Dec. The complainant had deposited the amount by way of bank deposits in favour of the O.P.No.1 and O.P.No.1 also refunded by way of interest on the total amount instead of registered the land in favour of the complainant but did not return the principal amount taken for registration of land. Being Managing Director of the company, O.P.No.1 had committed to execute a registration deed by way of sale of the above mentioned land in favour of the complainant within three months of receipt of total cost of the aforesaid land. Despite several persuasions O.Ps are negligent towards their commitment for registration of land or towards refund of the amount received for the purpose of registration of land from the complainant. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to refund the deposited amount Rs.2,16,000/- with 18% interest per annum, compensation of Rs.20,000/- and cost of Rs.5000/- in the best interest of justice.
3. The complaint was admitted and notices were issued to the Opposite Parties for their appearance and filing written version on the date fixed. But the O.Ps did not prefer to appear even after publication of notice in the daily newspaper “Anupam Bharat” on 02.10.2018. As such the services of notices were made sufficient and the O.Ps are set exparte on dated 14.11.2018.
4. On the date of exparte hearing of the consumer complaint learned counsel for the complainant is present. We heard argument from the advocate for complainant at length and perused the complaint petition, written arguments and materials placed on the case record. It is revealed from the record that the complainant had deposited total consideration amount through HDFC Bank in different occasions since 09.04.2011 to 14.11.2014 for registration of a land under Matiapada Mouza. Being laured by the false and misleading assurance of the O.Ps to register the land after 3 months of payment of the total amount but the O.Ps violating the terms and conditions of their commitment and till today did not executed the sale deed in favour of the complainant. The O.Ps again agreed to give interest at the rate of 3% per annum of the said amount after repeated approaches. Accordingly the O.Ps had returned some little amount for the payment of interest as refunded purposes of the principal amount. Though years together had passed the O.Ps neither executed the sale deed nor refunded the total amount of the complainant. Despite several persuasions the O.Ps did not heed to consider the grievance of the complainant. Hence in our considered view the O.Ps are negligent in rendering proper service to the complainant as such there is deficiency in service is well established on the part of the O.Ps for which the complainant at this stage is entitled to get some relief as prayed for. In this contest we relied the decision of the Hon’ble National CDR Commission, New Delhi has held in case of Punjab National Bank versus Meerut Development Authority reported in 2008(4) CPR 473 that “Delay in delivering possession of house/flat after receiving full amount for same amounts to deficiency in service on the part of the O.P. authority”.
On foregoing discussion and In view of the above decision of law, the complainant’s case is partly allowed on exparte against the O.Ps. The O.Ps are jointly and severally liable as such they are directed to pay Rs.2,16,000/- (Rupees Two lakhs Sixteen Thousand) only deposited amount of the complainant alongwith interest @8% per annum from the date of filing of this case i.e. on 17.04.2018 and the O.Ps are also directed to pay Rs.3000/- for compensation alongwith Rs.2000/- as cost of litigation to the complainant within 60 days from the date of receipt of this order failing which all the amounts shall carry 9% interest per annum till final payment is made.
The order is pronounced on this day of 26th March 2021 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of
