J U D G E M E N T.
The Complainant/ Petitioner is a Member of a scheme of PACL India Limited as he has deposited Rs.15,000/- (Rupees Fifteen Thousand )only in the branch office of OP at Khariar Road on dated 09.10.2007 and he received on acknowledgement of the vide No.YG32A6291977. The Scheme is for delivery of plot of size 300 sq/td on 31.08.2014. The OP has neither deliver the plot nor returned the Money as per agreement Rs.34,210/- even after claim by the petitioner before the manager PACL Branch of Khariar Road on dated 20.10.2014 for that the petitioner has sustained financial hard and mental agony by the OPs. The OP has neither refund the agreed Money for supply the Plot for delivery of Possession till today. The Complainant has filed this case for a Compensation of Rs.20,000 (Rupees Twenty Thousand ) towards mental agony and harassment and refund of Rs.34,210/- for realization of the agreement money along with 18% interest.
The Complainant has filed the Agreement paper with the Acknowledgement of Rs.15,000/- which was paid by her.
The Opposite Party has filed their version, stated therein the PACL is corporate body under the Provision of Indian Company Act, Its Regional Office at Jaipur Rajastan and Corporate Office at New Delhi PACL is a Real Estate Company which is engaged in the Business of sale and purchase of land and development all Construction of residential as well as Commercial projects. In this case the petitioner applied for a piece of land vide Regd No.U189216788 dated 09.07.2007 and the complainant has duly executed an agreement with the Company. So the present complaint is based on the false and baseless averment not disclosed the material facts intentionally as there is no deficiency in service on behalf of OP under C.P.Act all Hon’ble Forum may kindly be pleased to dismissed the complaint. The Hon’ble Forum has got no Jurisdiction to entertain and decide the complaint against the Opposite party and both the party should invoke arbitration proceeding for redressal of grievance for by Conciliation Act, The Consumer Forum has no Jurisdiction to entertain the present case.
In response to the petition filed by the complainant the OP has filed a writ petition (Criminal) No.7052014 before the Hon’ble High Court Delhi against the direction of C.B.I for defreezing of Bank account, Thereafter CBI again freeze the account of the Company. The Company has filed writ petition and that is still pending before the Delhi High Court.
After hearing and perused the documents we find the PACL has accept Rs.15,000/- from the complainant and not provide any land even not refund the Money Rs.34,210 /-the value of the land before 31.08.2014. The OP has not appear in the argument stage and argued for case is pending sub-judice in Upper Court, The OP has even not taken any stay order for the proceeding of the case in the Consumer Forum, for that the Consumer Forum has decided the matter for compensation to the Complainant.
O R D E R.
Perused the records and after hearing of the petitioner and version of the OP the Hon’ble Forum has decided to Compensate the loss and cost of litigation, mental agony and harassment of the complainant.
And the Hon’ble Forum has directed both the OPs in this case to pay Rs.34,210/-( Rupees Thirty four thousand two hundred ten)only as compensation for the land and Rs.2000/-( Rupees two thousand )only towards cost of litigation and Rs.5000/-( Rupees five thousand ) only towards mental agony and harassment and 9% interest to be calculated from the date of maturity i.e. (Supply of land in the agreement paper) by OP Total – 41,210/-( Rupees Forty one thousand two hundred ten)only within two(2) months from the date of order. Failing which the OP has to pay 9 % interest from the date of filing of the case till payment.
The case is disposed off accordingly.
Order pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 17th day of September 2016.