Orissa

Cuttak

CC/412/2023

Saroj Kanta Mishra - Complainant(s)

Versus

P P Constructions,Pranay Kumar Dash Choudhury - Opp.Party(s)

N K Mishra & assocciates

26 Jun 2024

ORDER

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

      C.C.No.412/2023

 

Sri Sarojkanta Mishra,

S/o: Late Mangobind Mishra,

C/o: Laxman Sahoo,

Mani Sahoo Chhak,P.O:Buxi Bazar,

                     Dist:Cuttack-753001.                                                          ...Complainant

 

          Vrs.

 

1.        P.P. Constructions,

Corp. Off: Khan Nagar,

Near Petro Pump & Shyam Kunj Apartment,

Ring Road,Cuttack-753012,

Represented through its Managing Partner,

Pranaya Kumar Dash Choudhury.

 

2.       Pranaya Kumar Dash Choudhury,

S/o: Anjan Kuar Dash Choudhury,

Managing Partner, P.P. Constructions,

Corp. Off: Khan Nagar,

Near Petro Pump & Shyam Kunj Apartment,

Ring Road,Cuttack-753012 .                                                 ….Opp. Parties.

  

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    14.12.2023

Date of Order:  26.06.2024

 

For the complainant:             Mr. N.K.Mishra,Adv. & Associates.

For the O.Ps               :            None.

 

Sri Debasish Nayak,President.

Case of the complainant as made out from the complaint petition in short is that he had entered into an agreement with O.P no.1 on 17.4.2010 intending to purchase a plot of land under Housing Project scheme of the O.Ps.  As per the agreement, the O.Ps had agreed to provide the complainant sub-plot no.143 & 223 under the plotted scheme Tarini Villa at Bidyadharpur Mouza of Cuttack.  It was agreed that within a period of 36 months, the said two plots will be handed over to the complainant after paying the total amount for the same.  The complainant had paid Rs.1,84,750/- to the O.Ps but they had failed to hand over possession of the said plot to him on the pretext of one plea or the other.  After much persuasion, the O.Ps reluctantly had handed over six post-dated cheques to the complainant bearing number 016571 to 016583 on different dates amounting to a total of Rs.1,69,750/-.  But the complainant had paid to them a sum of Rs.1,84,750/-.  When the complainant deposited the cheques drawn on Axis Bank as issued by O.P no.1, the same were dishonoured with remark “funds insufficient” and accordingly penalty amount was also debited from the account of the complainant even by his banker.  When the complainant contacted the O.Ps, they had requested for subsequent submission of the cheques. But those cheques when deposited again were dishonoured on the same grounds of “funds insufficient”.  The complainant was constrained to send legal notice dated 15.5.2023 to the O.Ps but no result yielded thereafter.  Thus, the complainant has come up with his case before this Commission seeking refund of the money that which was paid by him to the O.Ps amounting to Rs,.1,84,750/-  together with compensation of Rs.2,50,000/- towards his mental agony and harassment, another sum of Rs.25,000/- as because the O.Ps had given him false promises and further an amount of Rs.30,000/- towards his litigation expenses.  He has also prayed for any other order as deemed fit and proper.

          Together with his complaint petition, the complainant has annexed copies of several documents in order to prove his case.

2.       Having not preferred to contest this case, both the O.Ps have been set exparte vide order dated 7.2.2024.

          The complainant has filed his evidence affidavit here in this case but the contents of the said affidavit when perused, it is noticed to be a reiteration of the averments as made in the complaint petition.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps  ?

iii.      Whether the complainant is entitled to the reliefs as claimed by him?

Point No.II.

          On perusal of the complaint petition, evidence affidavit as well as documents filed by the complainant, it is noticed that Exhibit-1 is the copy of the agreement for sale of plotted scheme at a project called ‘Tarini Villa’ wherein the O.Ps had agreed to sell the plots bearing nos. 143 & 223 to the complainant on payment of consideration money.  The amount fixed thereto was of Rs.2,56,000/- and an advance amount of Rs.30,000/- was to be paid as advance towards booking for the same.  Accordingly, the complainant had paid the advance amount of Rs.30,000/- which is noticed from page no.13, the copy reflecting the said amount to have been received from the complainant by the O.Ps.  Annexure-2 is the copy of the legal notice as sent to the O.Ps in this case.    Having not preferred to contest this case, the O.Ps have no say about the contention as made by the complainant in his complaint petition as well as in his evidence affidavit.  Thus, when the O.Ps had not refunded the money of the complainant and when they failed to provide him the agreed sub-plots at their project called ‘Tarini Villa’, this Commission finds grave deficiency in the service of the O.Ps of this case.  Accordingly, this point goes in favour of the complainant.

Points no.i & iii.

          From the discussions as made above, the case of the complainant is definitely maintainable and the complainant is entitled to the reliefs as made by him.  Hence it is so ordered;

                                                          ORDER

The case is allowed exparte against the O.Ps  who are jointly and severally liable here in this case.  Thus, the O.Ps are directed to refund the deposited amount of Rs.1,84,750/- with interest thereon @ 12% per annum to the complainant from the date of agreement dated 17.4.2010 till the total amount is quantified.  The O.Ps are also directed to pay a sum of Rs.2,50,000/- to the complainant towards compensation for his mental agony and harassment as well as a sum of Rs.30,000/- towards the cost of his litigation. This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 26^th day of June,2024 under the seal and signature of this Commission.                     

                                                                                     Sri Debasish Nayak

                                                                                               President.

 

                                                                                                                                                                                                                                                                                                   Sri Sibananda Mohanty

                                                                                               Member.