Orissa

Cuttak

CC/15/2022

Pranati Mohanty - Complainant(s)

Versus

Trishna Skyscaper Ltd - Opp.Party(s)

P K Mishra & associates

08 Aug 2022

ORDER

IN THE COURT OF THE DIST. COINSUMER DIUSPUTES REDRESSAL COMMISSION,CUTTACK.

                                                            C.C.No.15/2022

                        Pranati Mohanty,

           W/O:Sri Ajay Kumar Mohanty,

Res. of C/O:Late Prakash Chandra Mohapatra,

            C/O:P.R.Mohapatra,Patrasahi,

            P.O:College Square,P.S:Malgodown,Dist:Cuttack.                  ... Complainant.

 

                                    Vrs.

Trisha Skyscraper Limited,

Represented through Authorised Signatory,

Corporate Office at N1/298,Ground Floor,

IRC Village,Nayapalli,Bhubaneswar,

                   Dist:Khurda

.

Present:           Sri Debasish Nayak,President.

                        Sri Sibananda Mohanty,Member.

 

Date of filing:   27.01.2022

Date of Order:  08.08.2022

 

For the complainant:          Mr. P.K.Mishra,Adv. & Associates.

For the O.P.               :                  None.     

 

Sri Sibananda Mohanty,Member.                                                                   

            Case of the complainant in short is that she had paid booking amount of Rs.1,60,000/- through A/c payee cheque no.186192 dt.31.8.11 drawn on S.B.I,Cuttack in order to purchase a flat  in TSL Spring City at Mouza Kantabaada, in the District of Khurda sponsored by the O.P.  So also she had paid a sum of Rs.1,59,800/- vide cheque no.316699 towards the instalment, and another sum of Rs.1,59,900/- vide cheque no.360848 as well as Rs.79,950/- towards the completion cost of Foundation and ground floor roof slab.  All the three cheques were drawn on HDFC Bank,Cuttack on 29.3.12.  Thus in total, the complainant had paid a sum of Rs.5,59,650/- to the O.P towards the part consideration amount of the flat intended to be purchased.  The O.P had executed an agreement with the complainant on 29.3.12.  The O.P had assured the complainant to deliver the flat within 18 months from the date of booking.  But the O.P could not keep his promise and rather had taken different pleas on different dates for delay in construction and delivery of the flat.  When the O.P failed to keep his promise, the complainant wanted to cancel the booking of said flat on 10.6.15.  The O.P also accepted the cancellation request and agreed to refund the money i.e., Rs.5,59,650/- which was taken by the O.P towards the part consideration amount.  The O.P had assured the complainant to refund the above amount within a period of 45 days, so also he had assured that if there would be delay in refunding the said amount, then he would give interest @ 8% per annum on that outstanding amount for the delayed period.  After repeated communication through e.mail and personal contacts, the O.P refunded only a sum of Rs.1,50,000/- to the complainant through RTGS in three instalments i.e. Rs.50,000/- in each instalment and last instalment was paid on 16.10.2017.  The O.P did not refund the rest amount to the complainant.  On 16.5.21, the complainant gave a notice through her husband by e.mail for refund of the rest of the amount or else she would take legal action against him.  The O.P although had received that notice had not taken any steps for refunding the rest amount to the complainant.  Hence the complainant alleging deficiency in service on the part of the O.P has filed the present case with a prayer seeking direction to the O.P in order to pay the balance deposited amount of Rs.4,09,650/- with interest thereon @ 8% per annum from 10.6.15, so also a sum of Rs.4,00,000/- towards the compensation for her mental agony and physical pain as well as a sum of Rs.50,000/- towards her litigation expenses.

            The complainant in order to prove her case has filed xerox copy of certain documents.

2.         The O.P neither appeared nor filed his written version.  Hence he was set exparte.

3.         Keeping in mind he averments as made in the complaint petition, this Commission feels it proper to settle the following points in order to arrive at a proper conclusion here in this case.

            i.          Whether the case of the complainant is maintainable?

            ii.         Whether there was any deficiency in service on the part of O.P?

            iii.        Whether the O.P has adopted unfair trade practice?

            iv.        Whether the complainant is entitled to the reliefs as claimed?

Points No.ii & iii.

            Point no.(ii) & (iii) being the pertinent points are taken up first for consideration here in this case.

            The complainant had booked a flat bearing no.802 in Tower-C-002,Type-C at the 8^th floor having super built up area of 1210 Sft. in the project of the  O.P named and styled as “TSL Spring City”  in Mouza Kantaabada,Tahsil:Bhubaneswar,Dist:Khurda. The O.P had executed an agreement with the complainant for the aforesaid purpose. The complainant had paid Rs.5,59,650/- towards the part consideration money as per the agreement.  As per the agreement the complainant was required to pay the instalment as described in Schedule-B annexed to the agreement vis-a-vis progress of the construction works undertaken.  The O.P had not completed the work as per Schedule-B annexed to the agreement although he had taken instalments for the said purpose.   The clause-32 of the said agreement clearly shows that the O.P would complete the flat in all respect and deliver possession thereof to the complaint on receipt of the total cost within 31.3.13.  On perusal of available documents filed by the complainant, it reveals that the O.P could not complete the said flat as per their commitment in the agreement and had rather sought for more time on some pleas or other.  Hence the complainant being dissatisfied with the conduct of the O.P, wanted refund of her money as paid.  The O.P vide his letter   dt. 10.6.15 agreed for refund of the said amount and had assured to refund the amount of Rs.5,59,650/- to the complainant within 45 days.  The said letter also reveals that if the O.P fails to refund the said amount within the said period, then he would pay interest @ 8% per annum.  The O.P although had assured to refund the said amount could not refund the same.  However, after repeated communication by the complainant, the O.P only had returned a sum of Rs.1,50,000/-.  On 24.11.20, the O.P again took time for refund of the rest of the amount by July,2021 but till filing of this case he had not returned the rest amount.  Thus, the O.P has committed deficiency in service as well as has adopted unfair trade practice by not completing the flat in time as well as by not refunding the booking amount within the stipulated period after cancellation of allotment. 

Point No.(i).

            In view of the discussions made above, the complainant has cause of action to file this case and the case is maintainable.

Point  No.(iv).

The complainant is suffering from 31.8.11 when she booked the flat by depositing Rs.1,60,000/-.  She had paid Rs.5,59,650/- in total since 29.3.12.  The O.P has harassed her by not constructing the flat in due time so also by not refunding her rest of the booking amount of Rs.4,09,650/- as per his assurance given.  Due to such action of the O.P, the complainant must have suffered mental agony.  The O.P is to indemnify such loss and suffering of the complainant.  Hence it is so ordered;

                                                            ORDER

            The case is decreed exparte against the O.P.  The O.P is directed to pay to the complainant a sum of Rs.4,09,650/- alongwith interest @ 8% per annum from 10.6.15 when the complainant wanted to cancel the agreement of the booking  till the payment is made so also the O.P is directed to pay a sum of Rs.2,00,000/- to the complainant towards the compensation for her mental agony  suffered by the complainant as well as a sum of Rs.20,000/- towards her litigation expenses.  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 8^th day of August,2022 under the seal and signature of this Commission.                      

                                                                                                                            

                                                                                                Sri Sibananda Mohanty

                                                                                                           Member.

                                                                                                                                                                      

             Sri Debasish Nayak

                                                                                                             President