SEVEN HILLS ESTATES LTD Vs. PURNIMA PATTNAIK

JUDGEMENT

(1.) BY means of this First Appeal, the appellant, who was opposite party No. 1 before the District Forum, Khurda at Bhubaneswar, has assailed the judgment and order of the said District Forum dated 28.1.2009 passed in CD. Case No. 477 of 2007.

(2.) BEFORE the District Forum, complaint was filed by the respondent -Smt. Purnima Pattnaik with a prayer for direction to the opposite party -Company to refund the deposited amount of Rs. 72,000 along with 18% interest thereon from the year 2002 till the date of actual refund. There was also a prayer for direction to the said oppositeparty - Company to pay Rs. 50,000 towards compensation for mental agony and harassment and to pay a further sum of Rs. 15,000 towards cost of litigation.

(3.) THE facts as described in the complaint petition are that the opposite party - Real Estate Company had floated a plotted scheme at Matiapara, Phase -I near SIFA, Puri Road, Bhubaneswar in the year 1999 and accordingly, the complainant had booked three number of plots each comprising an area of Rs. 2,000 sq.ft., the cost of each plot being Rs. 24,000 payable in 30 monthly instalments at the rate of Rs. 800 per month. On 15.7.1999, the complainant paid the first instalment and necessary agreement was executed. The complainant went on making payment of monthly instalment in the name of the Company through Bank Draft through the agent of the Company and the last instalment was paid on 8.1.2002. The complainant was allotted three plots bearing Nos. 64, 65 and 66 and she was informedby letter dated 25.10.2002 by the Company to deposit a sum of Rs. 5,000 for registration fee for execution of Sale Deeds. It is the case of the complainant that she visited the site and she came to know that the plots were not at all developed, there was no demarcation of the plots, no approach road to the project site and the project site was quite different from the site mentioned in the brochure. After knowing the said fact, she wrote a letter to opposite party No. 1 (appellant) on 20.10.2003 to supply her the detailed information so as to enable her to complete the registration formalities. Thereafter, since no reply was received from the opposite parties by the complainant, the complainant sent a letter dated 13.7.2007 and Advocate notice on 5.9.2007 to opposite party No. 1 - Company for refund of the money and since no money was refunded by the opposite parties to the complainant, she filed the CD Case before the District Forum, Khurda at Bhubaneswar on 5.10.2007.