Orissa

Baudh

CC/84/2015

Biswajit Panda - Complainant(s)

Versus

Managing Director,Maa Tarini Estcon Pvt.Ltd,Saheed Nagar ,Bhubaneswar - Opp.Party(s)

D.B panda and asso

30 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BOUDH
NEAR CIRCUIT HOUSE, BOUDH, 762014
 
Complaint Case No. CC/84/2015
( Date of Filing : 21 Nov 2015 )
 
1. Biswajit Panda
At:Boudh
Boudh
Odisha
...........Complainant(s)
Versus
1. Managing Director,Maa Tarini Estcon Pvt.Ltd,Saheed Nagar ,Bhubaneswar
Plot no 69,Saheed nagar Bhubaneswar
2. Project Manager,Maa Tarini Eastcon,Bhubanswar
Plot no 69,Saheed nagar,Bhubaneswar
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Padmanava Mahakul PRESIDENT
 HON'BLE MR. Suvendu Kumar Paikaray MEMBER
 
PRESENT:
 
Dated : 30 Aug 2016
Final Order / Judgement
  1.   The case of the complainant in brief is that, for purchase a plot from the O.Ps  the complainant has paid Rs.15,000/- on 21.8.2008 as down payment and  Rs.1,000/- towards processing charges on 21.9.2008.The O.P. issued a receipt  for down payment vide No.25472  dtd.21.8.2008 showing the receiving of payment of Rs.15,000/- from the  complainant. The O.P. assured the complainant to allot a plot within time period of six months and registration within 3 years. The complainant is a government servant and staying at different place on transfer and his permanent resident is at Boudh. He was in touch with the O.P and with their agent through his father relating to the plot and for registration. The O.P went on giving assurance  to the complainant to allot  the aforesaid plot  inspite of repeated assurance  they  failed to provide  the plot  which constrained to the complainant father   for  final settlement  on 5.1.2012 on 21.8.2015 he asked the O.P. to  hand over the plot immediately  or return the down payment and processing fees. On the   above request of the complainant the O.P. expressed their inability to provide the plot and asked the complainant to take back the above amount from agent which was deposited. The agent of the O.P. was absent since long in his office for which   the complainant demanded to return back his money from the O.P.s.The O.Ps failed to provide the aforesaid plot as well as also they are not returning the deposited amount which forced the complainant to file this case before this for a direction to return back his deposited amount along with interest and also compensation.
  2.    After being noticed the O.P.s even if received the notice through Regd. Post with A.D they could not appear in this case before this forum and at last they are set ex-parte.  The complainant filed documents like Xerox copy of the receipt and also a letter addressed to the complainant through his advocate for return back of the down payment.
  3.    The point for determination in this case whether the complainant is a consumer against the O.Ps and whether the O.Ps caused deficiency of service and unfair trade practice to the complainant.
  4.   Admittedly the O.Ps received Rs.15, 000/- as down payment for the plot and issued a receipt in favour of the complainant. The other documents the letter dtd.20.5.2015   which shows that they have admitted the facts  of  taking down payment on  21.8.2008 towards purchase of plot at MFC vide Khata No. 194 and counter of the complainant   letter reflects that  they have ready  to make refund of the down payment alongwith the processing fees.
  5.   Taking into consideration case of the complainant and documents filed by him, we allow the case of the complainant in part and direct the  O.P. to  return back the amount of 16,000/- (Rupees sixteen thousand) only with 10% interest  from the date of deposit till the date of payment and the O.Ps are further directed to pay Rs.5,000/-(Rupees five thousand)only towards compensation and litigation expenses within  one  month from the date of this order, failing which the complainant is at liberty to take steps against the O.Ps for realization of awarded amount.

 

Order pronounced in the open court under the seal and signature of the forum this the 30th day of August, 2016.

 
 
[HON'BLE MR. Padmanava Mahakul]
PRESIDENT
 
 
[HON'BLE MR. Suvendu Kumar Paikaray]
MEMBER
 

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