Orissa

Cuttak

CC/127/2017

Subrat Biswal - Complainant(s)

Versus

Sunil Kumar Das - Opp.Party(s)

B Baral

16 Jul 2019

ORDER

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

C.C No.127/2017

Sri Subrat Biswal,

At:Laliteswar Nagar,PO:Baidyarajpur,

P.S.:Jajpur Town,Dist:Jajpur,

At present C/o: Debendra Mishra,

Infront of Satyasai Medicine,

At:Daragha Patna,PO:Kalyani Nagar,

P.S:Madhupatna,Dist:Cuttack.                                                                 .… Complainant.

 

Vrs.

1. M/s. A.S. Land & Construction

Represented through its Director,Sri Sunil Kumar Das,

At:Gopalpur Behera Sahi,PO:Gopalpur,

       P.S:Sadar,Dist:Cuttack-753012,

Office Address:At:Plot No.7,MC-36,Sector-7(Side of Iskan

Temple),CDA,Cuttack,

At present Plot No.1C/87,Sector-10,Near Justice Chhak,

CDA,Cuttack.

2. Sri Sunil Kumar Das,

At:Gopalpur Behera Sahi,PO:Gopalpur,

PS: Sadar,Dist-Cuttack-753012

.           

3.    Amaresh Raj,

At:Jhanjirimangala(Near Temple),

PO-Jhanjirimangala,PS-Purighat

Town/Dist:Cuttack,through its

 Director,M/s. A.S.Land & Construction.                                          … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    25.11.2017

Date of Order:  16.07.2019

 

For the complainant  :    Sri Bamadev Baral,Adv. & Associates.

For the O.Ps                 :   Sri S.K.Baral,Adv. & Associates.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant being a consumer has filed this complaint before this Forum against the O.Ps for  Redressal of his grievances U/S-12 of the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to deficiency in service provided and unfair trade practice adopted by the O.Ps.

1.            The case of the complainant in brief is that the complainant was searching for a piece of land for construction of dwelling house nearby Cuttack town and that time O.Ps have issued advertisement  to sell land.  The complainant came to know that the O.P., a construction company and promoters are selling of the land to different persons.  The complainant entered into an agreement with the O.P on 5.1.2016 for purchase of a land at Mouza: Kanheipada under Baranga Tahsil.  It was agreed between the parties that the O.P would sale the land measuring an area of Ac 0.023 dec. in the Mouza-Kanheipada  under Hal Khata No.325/2358, Plot No.749/778, total area Ac. 0,103 dec. corresponds Sabik plot No.749.  It was agreed that the total value of the property was Rs.4,53,000/- and accordingly the complainant deposited Rs.4,53,000/- through cheque and cash on different dates. i.e. Rs.50,000/- (through cheque no.27907) on 5.1.2016, Rs.16,000/- by cash on 1.7.165, Rs.3,73,000/- (through cheque no.045112) on 17.,1.17 and Rs.14,000/- by cash, against which the O.P. supplied the receipts.  The copy of the money receipts are attached as Annexure-1 series.  After the last payment of Rs.14,000/- made by the complainant , the O.P assured to give money receipt before registration of the above said plot which would be within 6 months from the date of agreement.  After six months the O.P did not transfer  the land in favour of the complainant as per the agreement and sent a cheque no.941932 dt.5.3.17 of State Bank of India,Jhanjirimangala Branch for Rs.4,53,000/- in favour of the complainant to return the money back to the complainant which was paid by him as the advance money for the land but the cheque was bounced due to insufficient of funds in the account of the O.P.  Copy of the returned bounced cheque and the return memo report of the bank are attached as Annexure-2 series.  After 6 months of return of the cheque, the O.P executed the deed of agreement on 13.4.2017 to sale another land to the complainant and illegally demanded Rs.1,67,000/- more to register the land in question in favour of the complainant.  Copy of the deed of agreement is attached as Annexure-3.  On 21.10.17 the O.P refused to return the money to the complainant or to register the land in favour of the complainant and on 22.10.17 the complainant has also lodged an FIR before local police station.  The complainant has prayed before this Forum to direct the O.P to pay Rs.20,00,000/- to the complainant as compensation towards financial loss, harassment and mental agony.

2.            The O.Ps though appeared through their advocate but neither filed written version nor participated in the hearing for which the O.Ps are set exparte.

3.            We have heard from the learned counsel of the complainant at length and went through the documents and papers filed by the complainant.  It is found that the complainant has paid a total amount of Rs.4,53,000/- on different dates through cheques and cash for purchase of land and the agreement was executed between the parties and the O.Ps agreed to alienate the land in favour of the complainant but did not execute the sale deed.

                O.Ps have neither attended the hearing nor filed written version for which we conclude that they have nothing to say in their favour and we are constrained to believe the uncontroverted statement of the complainant.  We are of the considered view that O.Ps have adopted unfair trade practice for which they are jointly and severally liable for the same.

                                                                                ORDER

                Basing on the facts and circumstances of the case, the O.Ps are directed to pay Rs.10,00,000/- to the complainant towards financial loss, harassment and mental agony along with cost of litigation of Rs.5,000/- within 45 days from the date of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 16^th day of July,2019  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                    Member (W)                                                                                                                                                                                                                                                                                                                                                              (Sri D.C.Barik)

                                                                                                             President.