Orissa

Rayagada

CC/315/2016

Sri Kella Mohan BABU - Complainant(s)

Versus

The Branch Manager, Agreegold - Opp.Party(s)

Self

22 Apr 2017

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No.315/ 2016.                                                         Date.13.7.2017

P R E S E N T .

Sri  Gadadhara  Sahu, B.Sc.                                                                    President  I/C.

Smt. Padmalaya  Mishra,  LL.B                                                            Member

Sri Kella Mohan Babu, S/O: Kella Sankar Rao, At:Kasturinagar,  Po/ Dist. Rayagada,Odisha,                                                               ………Complainant

                                                                                    Vrs.

1.The Branch Manager, Agri Gold Farm Estate India Pvt Ltd, Near lamipuja Pendal, New Colony,   Rayagada

2. The Managing Director,  Agri Gold Farm Estate India  Pvt. Ltd., Agri Gold house, Plot No.6, D- No. 40-6-3, Old Revenue colony, Nimmagadda, Somasekhara Road,  Lobbipet, 520010,  Vijayawada,   (A.P. ). Phone No.08662473711,  2481754

                                                                                                      ……...Opp.Parties

Counsel for the parties:

For the complainant:- Sri D.R.Prasad, Advocate, Rayagada.

For the O.Ps:- Exparte

                                                            JUDGMENT

                   The case of the complainant is that the O.Ps will provide house plots to the consumers at easy monthly installments at the cost of  Rs.45,000/-  and the E.M.I.  had fixed  at Rs.1,250/- for 36 months.  The E.M.I. period starts from 8.5.2013 to 8.5.2016.  The complainant had paid  total sum of Rs. 30,000/- for the said scheme. The complainant stated that the opposite parties  company has closed their branch office at Rayagada  all of a sudden from the year 2014.  The tenure has been completed on 8.05..2016 and till now the OPs have not  paid the maturity amount or provide house plot.  The complainant out of her earned savings had deposited the amounts with the opposite parties to get the plot . The complainant made several demands personally to repay the said amounts or  to provide house plot but they  have  failed to do so and thus commit economical offence and deficiency in service. Because of the acts of the opposite parties, the complainant suffered from mental agony and financially hardship. Hence, this complaint to direct the opposite parties  to refund amount of Rs.30,000/-  with bank interest   and to pay Rs.20,000/-  towards mental agony and litigation expenses. 

                   Being noticed the OP 1 & 2 neither appeared nor filed written version as such the OPs were set exparte. We heard the complainant. For determination  of this case the following point is to be answered.

                   Whether there is any deficiency in service on the part of the opposite parties, if so can the complainant entitle for the reliefs prayed for?

                   From the  documents filed by the complainant it reveals that the complainant had deposited Rs.30,000/-  for the  period from 14.5.2013 to 08.12.2014. Thus, it is clear that the complainant had  paid Rs.30,000/- to the OPs. After that he made several demands to repay the said deposit amounts, but the opposite parties kept silent. Moreover, there is no denial by the opposite parties  regarding the deposits made by the complainant. As per the document  it is clear that the opposite parties collected so much amount from the public not only from the complainant and the public  and these acts of the opposite parties clearly shows their attitude and deficiency in service, hence, the opposite parties have to refunded deposit amount of Rs.30,000/- to the complainant with 9% p.a. interest from the date of respective payments till the date of realisation.

                   The complainant, with a  hope invested  amount with the opposite parties, but because of the acts of the opposite parties, the complainant deprived of to get back his matured amount   or  plot  and  he moved  around the offices of the opposite parties and because of the acts of the opposite parties, he suffered financially and mentally. Hence, to compensate we allow  Rs.10,000/- towards compensation besides cost of Rs.1,500. Accordingly, this point is answered.

                    In the result, the complaint is allowed in part, directing the opposite parties to pay Rs.30,000/- with 9% p.a. interest from the date of respective payments till the date of realisation. The opposite parties are further directed to pay Rs.10,000/-  towards compensation besides cost of Rs.1,500/-. The above order is to be complied within   one month from the date of receipt of this order.

 Pronounced in the open Forum today on this the     13^th.      day       of  July,          2017

Member                                                                    President I/c