Orissa

Cuttak

CC/113/2019

Prakash Chandra Gupta - Complainant(s)

Versus

M/s Raghupatee Estate & Holding Pvt Ltd - Opp.Party(s)

N B Das

18 Feb 2020

ORDER

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

C.C No.113 of 2019

Prakash Chandra Gupta,

House No.119/A,At:Jholasahi,

Nimasahi Road,PO:Buxibazar,P.S:Purighat,

Dist:Cuttack.                                                                                                   … Complainant.

 

                Vrs.

                                                

1.        Chairman-cum-Managing Director,

M/s. Raghupatee Estate & Holding Pvt. Ltd.,

At/PO:Bhanpur,P.S:Cuttack Sadar,

Dist:Cuttack.

 

2.        Mr. Prabhat Kumar Nanda,

Chairman-cum-Managing Director,

M/s. Raghupatee Estate & Holding Pvt. Ltd.,

At/PO:Bhanpur,P.S:Cuttack Sadar,

Dist:Cuttack.                                                                                              … Opp. Parties.

                

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

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    16.9.2019

Date of Order:  18.2.2020

 

For the complainant.  :    Sri N.B.Das,Adv. & Associates.

For the O.Ps.1 & 2       :    None.

 

Sri Dhruba Charan Barik,President.

The complainant having attributed deficiency in service and unfair trade practice to the O.Ps has filed this case seeking appropriate relief against them in terms of his prayer in the consumer complaint.

1. Facts of the consumer complaint in a nutshell are that the complainant was in search of a piece of residential plot for himself.  He came across the agent of the O.Ps which is a Private Ltd. Company operating in the name of M/s. Raghupati Builders Pvt. Ltd.  The agent of the O.P persuaded the complainant to take a plot for his residential accommodation.  Being so induced, the complainant wanted to purchase a plot for Rs.11,43,000/-.  During course of discussion it was decided by the O.P that sub-plot no.268 corresponding to plot no.54 Khata No.418/305, Mouza:Jaripada,Tahsil:Cuttack which comes under the plotted scheme at Jyotsna Bihar,Cuttack would be allotted to him.  The complainant also paid margin money of Rs.23,85,000/- to the O.Ps on different occasions and the rest amount was to be arranged by the O.P on behalf of the complainant through other sources.  More specifically it is stated that the complainant has paid in one occasion Rs.20,000/- in cash and on other occasions i.e. Rs.1,50,000/- through cheque bearing No.146096, Rs.95,000/- vide cheque bearing no.173073 and Rs.20,000/- vide cheque bearing No.173074.  The complainant has also obtained money receipts to this effect.  Copy of the agreement and the money receipts have been filed and marked as Annexure-1 series.

After some days the complainant enquired about the status of allotment of his plot but the O.P remained silent for about 4 months.Even the O.P avoided the complainantto talk with him over phone which gave suspicion in the mind of the complainant about the genuineness of the scheme.It is further revealed that the O.P has not taken any attempt to make arrangement of the rest of the consideration amount as promised by him and the margin money deposited by the complainant with the O.P has been invested for other purpose.The O.P has failed to give allotment of the plot as per the description above to the complainant despite payment of the marginal money.

On 14.7.2018 the complainant issued a letter to the O.P requesting him either to provide a plot as per the discussion earlier or to refund the margin money which has already been received by the latter.Annexure-2 is the photo copy of the said letter issued by the complainant.Despite receipt of such letter, the O.P remained silent.Subsequently on 23.8.19 the complainant also issued another notice which was not taken note of by the latter.Aannexure-3 is the photo copy of the said letter dt.23.8.19.

From the fact and circumstances of the case, it is crystal clear that the O.P was not in a mood to give a plot to the complainant as per the agreement and it is tantamount to deficiency in service and unfair trade practice.It has caused serious mental agony and harassment to him.

It is therefore prayed that the O.P. may be directed to refund the margin money of Rs.2,85,000/- together with 12% interest thereon from the date of deposit till repayment, to pay Rs.5 lakhs towards compensation for causing mental agony and harassment and Rs.50,000/- towards litigation expenses in the interest of justice.

2. The O.P. was set exparte having not participated in the proceeding.
3. We have gone through the case record, heard the learned counsel for the complainant and perused the annexure filed with the case.  From the uncontroverted statement made by the complainant supported by the annexures, it is held that there is deficiency in service and unfair trade practice on the part of the O.Ps.  Hence ordered;

ORDER

The case be and the same is allowed exparte against the O.Ps but in the facts and circumstances of the case, the O.P. is directed to refund the margin money of Rs.2,85,000/- with 12% interest from the date of deposit till the actual payment to him, to pay Rs.1 lakh towards compensation for having caused mental agony and harassment and Rs.15,000/- towards cost of litigation.

This order shall take effect 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 President in the Open Court on this the 18^th day of February,2020  under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                      President.

                                                             

                                                                                                             (Smt. Sarmistha Nath)

                           Member(W)