BEFORE THE DIST.CONSUMER DISPUTES REDRESSAL FORUM, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO. 441/ 2017
Bijay Kumar Barik
S/o- Anadi Charan Barik
Resident of 9 Hare Street,Kolkota,
At present:- Plot No.35,
Chintamaniswar Area,P.S.-Laxmisagar
Bhubaneswar,Dist:- Khurda. …. Complainant
Vrs.-
1. Branch In-charge,
Sahara Credit Co-operative Society Ltd.
Shivpur Branch, Sector-1585,
169,G.T. Road,PO/PS –Shivpur, Near Aloka Cinema,
Howrah,West Bengal.
2. Branch In-charge,
Sahara Credit Co-operative Society Ltd.
Chintamani Square,P.S.-Laxmisagar,
Bhubaneswar-6, Dist- Khurda. …. Opp. Parties
For the complainant … Sri N.K.Mohanty & Associates
For the OP.Nos. 1 & 2 … Ex parte
DATE OF FILING : ... 15.12.2017
DATE OF ORDER : ... 15.10.2019
ORDER
MISS K. NAYAK, MEMBER :
1. The complainant being attracted with the scheme provided by the OPs invested an amount of Rs.29,000/- on 28/02/2019 and Rs.30,000/- on 20/04/2019 (Total Rs.59,000/-) in respect of which money receipt-cum certificates were duly issued by the OPs vide receipt No. 34009622862 Certificate No.304005075178 and receipt No.34012149725 Certificate No. 304007014034 respectively. As per the terms and conditions of the said deposit scheme the said amount shall be returned after completion of one year with interest @ 10 percent to 15 percent. The complainant after completion of one year when approached the OPs for refund of his deposited amount with interest they turned deaf ears to it. Finding no other way the complainant on 24.08.2017 issued legal notice to OP No.1 requesting therein to refund the deposited amount but when no positive result came out from the said notice he was compelled to file the present complaint U/s 12 of the C.P. Act for directing the OPs to pay the deposited amount of Rs. 59,000/- along with interest, compensation for mental agony and harassment and cost of litigation. Hence this case.
2. On receipt of the notice, the OPs entered appearance and took adjournments to file written version but subsequently failed to do so, hence set ex-parte vide order dated 04/09/2019 and the case is being heard and disposed of ex-parte against the OPs.
3. Heard the learned counsel for the complainant and perused the documents filed along with the complaint petition .On carefully scrutinizing the same, we find that the said documents i.e. the certificate cum membership receipt so also the legal notice fully corroborate the allegations made in the complaint petition supported by affidavit and establishes the case of the complainant in material particulars. There is no material on record to disbelieve the averments made in complaint petition and deprive the complainant of getting the relief claimed.
4. In the facts and circumstances, we find much force on the contention of the learned counsel for the complainant and in absence of any contrary evidence we have no hesitation to hold that the OPs have caused deficiency in service and adopted unfair trade practice in not refunding the deposited amount made by the complainant even after expiry of the scheduled time period of one year and therefore, the complainant is entitled to the relief claimed. Hence ordered :-
ORDER
The complaint is allowed exparte against the OPs with cost. The OPs are hereby directed jointly and severally to pay to the complainant the maturity value of deposit amounting to Rs.29,000/- with interest @12% per annum from the date of deposit i.e. 28/02/2015 and Rs.30,000/- with interest @ 12% per annum from the date of deposit i.e. 20/04/2015, till the date of actual payment. The OPs shall also pay compensation of Rs.10,000/- (Rupees ten thousand) only to the complainant towards mental agony and harassment and Rs.2,000/- (Rupees two thousand) only towards cost of litigation. The above order is to be complied with by the OPs jointly & severally within a period of one month from the date of communication, failing which the complainant shall be at liberty to execute the order against the OPs in accordance with law.
The order is pronounced on this day the 15th October 2019 under the seal & signature of the President and Members of the Forum.
(MISS K.NAYAK)
MEMBER
Dictated & corrected by me.
Member(W)
I agree I agree
(B.R.SWAIN) (P.C.MISHRA) Member President
Transcribed by Smt.M.Kanungo, Sr.Steno
