Orissa

Cuttak

CC/55/2019

Dhirendra Nath Dash - Complainant(s)

Versus

Pravat Kumar Nanda - Opp.Party(s)

R K Pattanaik & associates

12 Oct 2023

ORDER

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

C.C. No.55/2019

 

Dhirendra Nath Dash,

Vill: Deuli(Upar Sahi),P.O:Prataprudrapur,

P.S:Balianta,Dist:Khurda,

Presently residing at Qrs. No.E-2/1,

High Court Colony,Badambadi,

P.O:Arunodaya Market,P.S:Badambadi,

Town/Dist:Cuttack.                                                                                                                ... Complainant.

          Vrs.

 

Pravat Kumar Nanda,

S/o: Late Purna Chandra Nanda,

Managing Director,Raghupati Promoters & Developers,

At:Surya Bihar,Near Prime Hospital,

               At/PO/PS:Madhupatna,own/Dist :Cuttack-753010.                                                   … Opp. Party.

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    21.05.2019

Date of Order:  12.10.2023

 

For the complainant:           Mr. R.K.Pattnaik,Adv. & Associates.

For the O.P.                :                        None.

         

Sri Debasish Nayak,President                   

Case of the complainant as made out from the complaint petition in short is that he had purchased a piece of land from the O.P with an intention to construct a house over that purchased plot.  Though the land was sold to him and the consideration was received, no approach road was provided to the complainant as a result of which the complainant has sought relief from this Commission against the O.P.   The complainant had entered into an agreement with the OP on 15.3.2004 for purchasing a piece of plot bearing no.1199 measuring an area of 2000 sft. at Bhanpur Mouza near Pratap Nagari.  The fixed rate for the plot was of Rs.1,30,000/- and the complainant had paid a sum of Rs.1,20,800/- in phased manner and the last payment was made by him on 3.5.2008.  After paying 90% of the agreed amount, when he asked for the possession of the plot, the O.P failed to deliver possession of the said plot and had requested the complainant to change the plot since because there was non-availability of that plot in the said Bhanpur mouza.  Accordingly, another plot at Urali mouza was suggested to the complainant by the O.P and the complainant was compelled to accept such proposal.  It was noticed that the new plot that which was allotted and sold to the complainant being registered on 27.8.2008 was of 1500 sft. only instead of 2000 sft.  The O.P had not given delivery of possession of the said sold plot to the complainant inspite of several requests as made to him till 23.5.2017. Ultimately on 23.5.17 the O.P gave delivery of possession of the said small plot but without developing the same and also without any specific road was identified for the said land.  Being disgusted, the complainant had issued legal notice to the O.P on 5.4.19 but when the O.P still remained silent, the complainant had approached before this Commission claiming compensation from the O.P to the tune of Rs.1,00,000/- towards his mental agony and harassment and has demanded the cost to the tune of Rs.5,00,000/- that which was incurred by him towards remaining in a rented house and he has also demanded cost of his litigation to the tune of Rs.20,000/-.  He has further prayed for any other order as deemed fit and proper.

          The complainant has filed copies of some documents alongwith his complaint petition in order to establish his case.

2.       Having not preferred to contest this case, O.P has been set exparte vide order dt.9.12.2019.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P and if the O.P had practised any unfair trade ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.ii.

            Out of the three points, point no.ii  being the pertinent one, is taken up  first for consideration here in this case.

After perusing the averments of the complaint petition, the written notes of submission as filed by the complainant and also after perusing the copies of documents as annexed by the complainant, it is noticed that infact the complainant had entered into an agreement with the O.P in order to purchase 2000 sft. of land bearing plot no.1199 for a consideration of Rs.1,30,000/-.  It is also mentioned by the complainant that as per Annexure-1, the O.P is to provide 30 ft. width road and 20ft width sub-road alongwith providing facilities of electricity, drainage, necessary levelling upto 3ft., provision for utility space, commercial complex, plantation etc.  Initially the complainant had paid Rs.30,000/- to the O.P on 15.3.2004 alongwith the membership fee of Rs.800/- that which was non-refundable.  As it appears from the legal notice sent to the O.P through the learned advocate for the complainant, it is mentioned therein about the complainant paying a total sum of Rs.1.20,800/- as on 3.5.2008 to the O.P.  It is alleged therein through the said legal notice that the agreed plot was not provided/sold to the complainant and rather a smaller plot of 1500 sft. was only provided to the complainant which was neither developed nor any approach road to the said plot was provided.  This shows a clear breach of the agreement as entered into in between the complainant and the O.P and it is for this we are of the opinion that the O.P was infact deficient in his service and had also practised unfair trade as the same is made out from the facts and circumstances of this case.  Accordingly, this issue goes in favour of the complainant.

Points no.i & iii.

From the discussions as made above, the case of the complainant is undoubtedly maintainable and the complainant is entitled to the reliefs as claimed by him.  Hence, it is so ordered;

                                              ORDER           

The case is allowed exparte against the O.P.  Thus, the O.P is directed to provide approach road to the plot of the complainant.  The O.P is further directed to pay a sum of Rs.1,00,000/- to the complainant towards compensation for his mental agony and harassment alongwith a sum of Rs.20,000/- towards cost of his litigation. This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 12^th day of   October,2023 under the seal and signature of this Commission.      

                                                                                    Sri Debasish Nayak

                                                                                              President

                     

                                                                                                               

                                                                                    Sri Sibananda Mohanty

                                                                                                     Member