Orissa

Debagarh

cc/31/2014

Sri Dillip Kumar Satpath, S/o-Basant Kumar Satpathy, - Complainant(s)

Versus

The M.D Dream Power Real Esaste & Marketing Pvt. Ltd. - Opp.Party(s)

P.C Buda, S.S Dehury, P.Guru

16 Feb 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

DEOGARH

 

Shri P. K. Dash, President Smt. Arati Das, Member and Shri P. C. Mahapatra, Member

 

Shri Dillip Kumar Satpathy,

S/O – Basanta Ku.Satpathy,

R/O- Suguda,PO- Suguda,

PS/Dist. – Deogarh.                                           …        Complainant.

 

1. The Managing Director,

Dream Power Real Estate & Marketting Pvt.Ltd.

Plot No.317/D (Ground Floor),

Main Road, Laxmisagar,

Bhubaneswar.                                                     …        Opposite Parties.

 

CD Case No.15/2014

Date of hearing: 16.02.2015             Date of Order: 16.02.2015

               Counsel for the parties :

                                           For the Complainant :            Shri P.C.Buda, Advocate

                                                                                          Shri S.S.Dehury, Advocate

                                           For the Opposite Parties :      Nemo

 

JUDGEMENT

 

PRATAP CHANDRA MAHAPATRA, MEMBER – The genus of the complaint lies in the fact of bouncing of Cheque. The factual matrix of this case are like   that the complainant being a permanent resident of the village named Suguda under Deogarh Police Station in the district of Deogarh got registered himself for purchase of a plot at Bhubaneswar with OP, a company dealing in properties sale & purchase of Land being motivated by the OP on payment of Rs.7,500/- on 06.03.2010 for purchase of a piece of land of 2000 sqft at proposed site of Arugul Commercial of OP. It has been contended by the complainant that on successive dates he had paid to the OP amount of Rs.16,000/- by cash duly acknowledged by OP vide their Money Receipt No.4664 of dated 27.03.2009, Rs.44,000/- vide D.D. No of date04.06.2009 and Rs.4,000/- by cash. Thus in total complainant has stated to have paid OP a sum of Rs.71,500/-.OP failed to hand over the proposed piece of land even after receipt of all consideration amount to him and ultimately after lapse of 3 years OP issued three Account Payee Cheques – Rs.25,000/- vide Cheque No.937360 / 10.03.2014, for Rs.25,000/- vide Cheque No.937358/12.04.2014 and for Rs.25,000/- vide Cheque No.937359/10.05.2014 in favour of the complainant. It has been stated that all the three cheques were bounced with Bank Remark “Funds Insufficient” when deposited at State Bank of India, Deogarh Branch. When OP was reported the out come of Cheques issued by them, OP assured to solve the matter within 7 days and thereafter maintained silence and avoided him in this or that way.

            OP, after admission of the complaint petition was served notice to file his version as under provision of the Consumer Protection Act 1986, herein after referred as the Act, even after receipt of Notice and subsequent reminder notice did not filed any written statement. Not to defeat the spirit and aim of this legislation, ex-parte hearing was done on 16.02.2015 where in learned advocate for complainant produced all relevant documents for verification and submitted prudently that OP is guilty of deficient service and his action suffers from Unfair Trade Practices since knowing pretty well of the fact of insufficient funds have issued A/C-Payee Cheques. Rightly complainant is entitled to reliefs under the Act.

 

            On perusal of documents on record and pleadings we feel that there is an implied consent of the complainant to get refund of the amount paid to OP for the purpose of purchase of a piece of land measuring 2000 sqft at Arugul and have accepted to have received the Refund Cheques. At this very juncture, complainant ceases to be a Consumer. As regards the fact of bouncing of cheques, we are opinion that it is a criminal act and attracts complex question of Law and facts.

 

O R D E R

 

            Complaint Petition is disallowed.

Office is directed to supply the free copies of the order to the parties keeping acknowledgement of the receipt and date thereof.

Order pronounced in the open court today i.e. 16th day of February, 2015 under my hand and seal of this forum.

 

I     agree,                                  I   agree,

 

 

 

   MEMBER.                            PRESIDENT.                                  MEMBER.                       

 

Dictated and Corrected

    by me.

 

 

  MEMBER.