DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO. 350/2017
Sri Raj Kishore Senapati, aged about 59 years,
S/o- Late Gopal Charan Senapati of Village – Kandisahi Samil- Rangamatia, PS- Mancheswar, Bhubaneswar, Dist- Khurda
…. Complainant
-Vrs.-
Sri Chinmay Dash, aged about years, not known,
S/o – Prafulla Dash, The Managing Director of
M/s Ganapati Eastcon (P) Ltd.,Head Office at
Plot No.51/630, Laxmi Vihar, Bhubaneswar,
S- Saheed Nagar, Dist : Khurda, At present –
At:- Bhainchuan, PO- Bhainchuan, PS- Balianta,
Bhubaneswar, Dist - Khurda
… Opp. Party
For the complainant : Mr.K.Ch. Moharana & Associates (Adv.)
For the OP : Exparte
DATE OF FILING : 13/10//2017
DATE OF ORDER : 01/07/2023
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 12 of the C.P.Act, 1986.
2. The complainant’s case in brief is that, he was in search of a plot of land to construct his residential house. He came with contact of OP, who had floated a plotted scheme at Mouza Rangamatia area. The plot of land measuring an area of 2500 sqft was located at Gadakana mouza for sale to the complainant. The consideration amount of the said plot was Rs.9,37,500/-. Time to time, the complainant started paying the money to the OP for the purpose of purchase of the said plot of land. In aggregate, the complainant had paid Rs.10,00,000/- including registration charges to the OP for the purpose of the said plot of land. After receipt of the entire amount, the OP deferred the registration on some plea or other. Finally, the OP did not execute the registered sale deed in favour of the complainant. Hence this complaint.
3. On the other hand, the OP was set exparte and exparte hearing was taken up on 07/06/2023.
4. Perused the materials on record. The photocopy of the money receipts have been filed before this Commission. These money receipts show that, from time to time, the complainant had paid different amounts to the OP and in toto, the OP received Rs.10,00,000/- from the complainant to sell the selected plot of land. But he did not execute the sale deed in favour of the complainant. The conduct of the OP shows that, there is clear deficiency in service on his part. Hence it is ordered.
ORDER
The complaint is allowed exparte against the OP. The OP is directed to pay Rs.10,00,000/- (Rupees ten laks) only to the complainant along with interest @ 9 % per annum from the last date of receipt of the amount by the OP i.e. 20/09/2010 till the date of actual payment. In addition to that, the OP is liable to pay an amount of Rs.20,000/- (Rupees twenty thousand) only to the complainant towards compensation for mental agony suffered by him and a further sum of Rs.5000/- (Rupees five thousand) only towards litigation expenses. The order be complied with by the OP within a period of one month from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OP in accordance with law.
The order is pronounced on this day the 1st July, 2023 under the seal & signature of the President and Member (W) of the Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno
