C.C. No.48/2020

Urmila Sahoo,

W/o. Narendra Kumar Sahoo,

Vill.- Jagannathpur,

P.O./P.S.- Raghunathpur,

Dist.- Jagatsinghpur.……….. Complainant                 

1. Pramod Kumar Senapati,

S/o. Rajendra Senapati,

At/P.O./P.S.- Raghunathpur,

Dist.- Jagatsinghpur.

At present working as

Liza Plotting and Construction and Builder,

At/P.O./P.S.- Raghunathpur,

Dist.- Jagatsinghpur.

2. Dillip Kumar Senapati,

S/o. Rajendra Senapati,

At present working as

Contractor, Liza Construction and Builder,

At/P.O./P.S.- Raghunathpur,

Dist.- Jagatsinghpur.

3. Tahasildar, Raghunathpur,

At/P.O./P.S.- Raghunathpur,

Dist.- Jagatsinghpur.

4. Revenue Inspector,

Raghunathpur R.I. Circle,

At/P.O./P.S.- Raghunathpur,

Dist.- Jagatsinghpur.…..… Opposite parties

For Complainant………..Mr. D.G. Mohapatra, Advocate

For O.P. No.1 & 2 ………..Mr. N.R. Mohapatra & Associates

O.P. No.3 & 4………..Ex-parte

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                          JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to pay the litigation expenses fees Rs.15,000/- and Rs.70,000/- towards mental agony and harassment and Rs.1,50,000/- towards the cost of the land and Rs.10,000/- towards ROR preparing charges and cost of Rs.2,50,000/- towards construction of building in total Rs.4,95,000/- will not refund with the interest 12% from the opposite parties for the cheating and negligence of opposite parties in their part”.

            The brief fact of the case is that, the complainant has purchased a land on 23.5.2018 from the opposite party No.1 with full and final consideration of Rs.1,50,000/- and the opposite party No.2 taken away Rs.2,50,000/- for construction of a building in two installments and the opposite party No.1 & 2 had given computer money receipts. Opposite party No.1 taking all responsibilities to prepared the ROR in favour of the complainant and taken away of Rs.10,000/- towards cost for prepare the ROR and after preparation the ROR vide Khata No.792/554, Plot No.22/4043, Area-A0.04 Dec of mounza Jagannathpur handed over the same to the complainant. On 03.9.2019 the complainant got a notice from office of the Sub-Collector, Jagatsinghpur in misc appeal No.08/2019. On inquiry the complainant came to know that the opposite party No.1 by practicing fraud and taken away of Rs.1,50,000/- towards cost of the land in respect to the khata No.792, Plot No.22 of area A0.04 dec. kissam- gharabadi and the opposite party No.1 practicing fraud manage to obtain a notarize agreement for sale from Smt. Belarani Bose and others in respect to the major settlement khata No.736, Plot No.22 A0.29 dec and subsequently without registration and without consent from the other recorded tenant manage to record his name exclusively by way of institute a revenue misc case No.50/12 before opposite party No.3. The opposite party No.3 being the Tahasildar and the opposite party No.4 being the local Revenue Inspector involve in total fraud. The opposite party No.2 being the builder and taken away Rs.1,20,000/- for the plinth structure and Rs.1,30,000/- taken away for the charges up to lintel and deferred the time since last one year. After getting notice from the office of the Sub-Collector in misc appeal No.08/2019, the complainant contact with the opposite party No.1 & 2 and the opposite party No.1 & 2 assured to return the money of Rs.5,50,000/- within three months in presence of witnesses with 10% per annum since the date of purchase. 

            Notice was issued to opposite parties by Regd. Post on 14.02.2020 but all opposite parties are absent and having set ex-parte on 02.6.2022. But on 01.01.2024 the opposite parties No.1 & 2 were allowed to participate in the proceeding by recalling order dt.14.02.2020, the opposite parties No.1 & 2 have filed their written version and relied on the decision of Hon’ble NCDRC in R.P. No.64/1992 (1993 CPC 372: 2 CPJ 170) wherein it is held that “the term “defect” as defined in section 2(1)(f) of the Consumer Protection Act has specific connotation: it means imperfection or shortcoming in the quality, potency, purity or standard required to be maintained. A defect in title to property will not fall under any of the defects enumerated in section 2(1)(f). A taint in property due to defective title does not affect the quality or purity of the goods. It is farfetched to maintain that a defect in title in any goods would affect their purity and render them impure.” 

            In the case at hand the opposite parties No.1 & 2 have received money of Rs.1,50,000/- for land and Rs.2,50,000/- for construction of building as such the decision cited is not applicable to the present case when opposite parties has not carried out the construction work and failed to hand over house.   

            The complainant has paid Rs.1,50,000/- towards sale-deed  to opposite party No.1 against Plot No.22, Khata No.736. The complainant has also paid Rs.2,50,000/- on 23.5.2018. Besides that it is alleged that complainant has paid Rs.10,000/- for ROR as such in total complainant has paid Rs.4,10,000/- to opposite party No.1 & 2 during period from 2018 on different dates. The complainant has alleged against opposite party No.3 & 4 alleging fraudulent involvement for preparation of fraudulent paper for sell the land for which this Commission has no jurisdiction and power to entertain such complaint for which we dismiss the case against opposite party No.3 & 4. The opposite party No.1 & 2 have received the documents for construction of building and purchase of land amounting Rs.4,10,000/- but no proof regarding Rs.10,000/- claim to pay towards ROR preparation charges. In spite of our notice opposite parties have not turnoff. Taking into consideration the averment and materials available on record and particularly when the opposite parties are absent and counsel for complainant is not appearing regularly after filing the case. We direct the opposite party No.1 & 2 to refund Rs.4,00,000/- with 8% simple interest from the date of deposit/payment till date of refund. We also impose cost of Rs.10,000/- towards mental agony and Rs.1,000/- towards cost of litigation. With the aforesaid observation and direction the consumer complaint is disposed of.

            Pronounced in the open Commission on this 27^th June,2024.