PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                             CONSUMER COMPLAINT NO. 91/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Pradeep Kumar Panda,

S/O-Krushna Chandra Panda,

R/O- Shikrapali,PO-Kukudapali Ps-Sason,

Tahl-Jujumura, Dist-Sambalpur-768200, Odisha.                  .……….......Complainant.

Vrs.

1. Ex-President Ashok Purohit, Baham Seba Samabaya Samiti,
2.  
2. Ex-Secretary Sanatan Thela Baham Seba Samabaya Samiti,
3.  
3. President, Baham, Seba Samabaya Samiti,  Sambalpur-768112
4. Secretary, Baham, Seba Samabaya Samiti, Sambalpur-768112
5. Krushna Chandra Sahu, Branch Manager,

Samabaya Bank, Dhanupali Branch-768005.

6. Manoranjan Podh @ Computer Operator, 

Baham, Seba Samabaya Samiti, Sambalpur-768112...……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. B.B.Pradhan Adv. & Associates
2. For the O.P No.1 & 2         :- Sri. P.K.Nath, Adv. & Associates
3. For the O.P. No.5                           :-Sri. Samir Mahapatra, Adv.
4. For the O.P. No.3,4 & 6     :-Self

Date of Filing:07.06.2023,Date of Hearing :13.11.2023,Date of Judgement : 08.01.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is the owner of land of Mouza-Sikharpali, Jujumura Tahsil Chaka Khata No. 15/39, AC 2.570 decs. In 2019 the Complainant requested O.P. No.2 to grant a loan. As pre direction of O.P. No.2 an amount was opened bearing No. 010053005676 and cheque was issued bearing No. 164541 to 164550. O.P. no.2 granted a KCC pass book to the Complainant. As per direction of O.P. no.2 after seven days when the Complainant went to Society and after telephone told the Complainant to submit a signed cheque to computer operator Mr. safed. Two cheques serial No. 164541 and 602851 were given to Manoranjan Podh @Mr. Safed in presence of one customer Sushanta Pati of Sikharpali. After several approach and running to Bank the Complainant came to know that no any loan has been granted. When again contacted to O.P. no.2, he told that insurance money has been paid and in next crop loan shall be given. Suddenly one day when Complainant went to Bank to withdraw some amount came to know that Rs. 14,000/- has been withdrawn by Pramod Kumar Nath using the earlier cheque complaint was given to authorities but it became futile.

Notice was given to Manoranjan Podh but it became futile. Complaint was given to O.P. No.4 but no any action taken. The payment made by O.P. No.1 & 2 to an unknown person Pramod Kumar Nath is illegal and misuse of power. Further since 2019 to 2013 no any loan has been granted to the Complainant. Being aggrieved this complaint has been filed.

2. The O.P. No.1 & 2 after appearance in version submitted that one KCC pass book and cheque have been granted to the Complainant. The allegation of submission of signed cheques are not true and procedures to grant loan. The Bank authority can explain when and how money was withdrawn. O.P. No.2 placed under suspension since 10.02.2021 till date and O.P. No.1 is an elected representative and his term completed in 2021 March. The Complainant has made a false story and the case is liable to be dismissed.
3. The O.P. No.3 submitted that the issue is not related to him. The O.P. No.4 submitted that the Complainant is a member of Baham Society availed KCC loan. The account is with S.D.C.C. Bank Ltd. Dhanupali Branch. The O.P. joined in Dhanupali Branch on 06.12.2019 and continued till 07.04.2021. Thereafter joined in the post of A.G.M. and posted at Bargarh and superannuated on 29.02.2022 as A.G.M. S.D.C.C. Bank Ltd. Dhaniupali Branch is a necessary part who can produce the alleged documents. No specific date has been mentioned by the Complainant so that it is difficult to ascertain who was the Branch Manager or Accountant on the alleged date, who made the transaction. The Sectary of the Society introduces the borrower at the time of granting loan and makes the counter signature. The dispute is between Society and the Complainant.
4. The O.P. No.6 in his version submitted that the allegations of the Complainant is not based on record and not given any reply.
5. The O.P. No.4 submitted that he joined as Secretary on 16.03.2021 but not received any written complaint from the Complainant. No any demand notice has been issued to the Complainant nor any grievance has been filed by Complainant relating to false withdrawal from his Bank account.

The Complainant during Khariff 2023 applied for farmer registration and 4 plots AC 2.37 decs has been digitalised for paddy procurement.

6. Perused the documents filed by the Complainant and O.Ps. The Complainant is having an account No. 010053005696 with S.D.C.C. Bank Ltd., Samaleswari Branch and from Account Statement it reveals that vide cheque No. 164541 on 16.10.2020 an amount of Rs. 14,000/- has been paid to Pramod Kumar Nath and the Complainant alleges that he does not know the person but cheque has been given to the O.P. no.6 with the advice of O.P. No.2. The Complainant has been issued with cheque No. 602851 to 602860 in his connected account. On 07.05.2020 PMFBY indemnity Khariff 2019 for Rs. 15,513.51 has been paid and vide cheque No. 164541 an amount of Rs. 14,000/- has been withdrawn. As per statement of O. P. No.2 he was suspended on 10.02.2021 and this transaction has been made on 16.10.2020. The O.P. No.4 submitted that he was in Dhanupali Branch from 06.12.2019 to 07.04.2021 and during his tenure the alleged illegal transaction has been made. But the Complainant failed to make party to S.D.C.C. Bank Ltd. and the B.M. or Accountant who made the transaction. The O.P. No.6 remained silent and not uttered a single word except “No comment”. From statement of Byasadev Naik, witness it reveals that the cheque was handed over to the computer operator, who knows all about the incident.

In the present case the Complainant is a cultivator and not knows about the procedures of loan grant(K.C.C. loan) which O.P. no.5 explained. As the S.D.C.C. Bank ltd. B.M. and/or Accountant has not been made party no any order can be passed against them. In the other hand it seems from the transaction dated 16.10.2020 that illegally Rs. 14,000/- has been withdrawn from the account of the Complainant and at the alleged time O.P. No.2 was the secretary. To misappropriate PMFBY indemnity amount O.P. No.2 has taken steps and only for that reason no any F.I.R. has been lodged by him nor thereafter by the O.P. no.4 who is the Secretary of Baham Society. As head of the Co-op-Society the O.P. No.1 and O.P. No.3 can not escape from their liability by their inaction. Accordingly, deficiency in service established against O.P. No.1 & 2 and O.P. No.3 & 4 for their inaction.

Accordingly, following order is passed.

ORDER

The complaint is allowed on contest against O.P. No.1, 2, 3 & 4 and dismissed against O.P. No.5 & 6. The O.P. No.1 to 4 are jointly and severally liable to refund Rs. 14,000/- with 9% interest w.e.f. 16.10.2020 to the Complainant. In case of non payment within one month liable to pay interest @12% P.A. till realisation. The O.P. No.1 to 4 are directed to pay compensation of Rs. 5000/- each and total litigation expenses of Rs. 5000/- to the Complainant.

Order pronounced in the open court on 8^th day of Jan. 2024.

Supply free copy to the parties.