Sri S.K.Sahoo,President.
This is a petition U/s. 35 of C.P. Act, 2019 which has been filed against the opp. Parties for several reliefs.
2. The case of the complaint that he is residing in Vill. Paikapurunakote under Angul district. The opp. Parties are the financer of a co-operative society which is running its business in several places including having its branch office at Angul district. Being influenced by the opp. Parties and their agent on 23.07.2020 the complainant had opened Accounts No. 12538701272, 12538701273 & 12538701274 and deposited an amount of Rs.13,950.00 Rs.12,750.00 & Rs.12,750.00 respectively under Golden 24 Scheme for a period of 24 months. All those deposits are to be matured on 23.07.2022. The complainant has deposited the aforesaid amount for her future maintenance. The society of the opp. parties issued fixed deposit certificates bearing No. 438001427747, 438001427748 & 438001427749. The society of the opp. Parties assured to pay interest on the fixed deposits along with other benefits. After maturity on 23.07.2022, the complainant is to receive Rs.17,499.00, Rs.15,994.00 & Rs.15,994.00. For those fixed deposits the total amount to be received by the complainant from the opp. Parties is Rs. 49,487.00 along with membership joining point amounting to Rs. 36,843.00,Rs. 33,832.00 & Rs. 33,768.00. After the maturity the complainant approached the opp. parties in several occasions for payment of the dues. On 10.10.2020 the complainant went to opp. party No.1 with a written application with a request to disburse the amount due to him but he refused to receive the application and also refused to pay the amount due to the complainant. Hence the present complaint.
3. Notices were issued to the opp. Parties through Regd. Post with A.D on 04.11.2022 . From the A.D available in the case record it appears that notice has been duly served on opp. party No.2. As the notice was sent to opp. party No.1 in correct address through Regd. Post with A.D and no A. D is back even after more than one month, it is deemed to be sufficient in view of Section-27 of General Clauses Act.
4. Inspite of notices received by the opp. Parties, they did not choose to contest the case.
5. The complaint petition filed by the complainant is supported with affidavit. From the complaint petition it is clear that on 23.07.2020 the complainant has deposited an amount of Rs. 13,950.00, 12,750.00 and 12,750.00 with the society of the opp. parties and accordingly certificates No. 438001427747, 438001427748 & 438001427749 were issued in her favour. The photo copies of certificates are filed by the complainant. On perusal of the photo copies of those certificates it is clear that the maturity date in all those savings were 23.07.2022. The maturity amount in the aforesaid certificates are Rs. 17,499.00, Rs. 15,994 & Rs. 15,994.00 , which the complainant is entitled to get along with other benefits. There is no clear evidence in the record that the complainant is entitled to some amounts as against joining point. There is also no sufficient evidence that the complainant is entitled to the amounts claim by her as against the joining point. However, the complainant is entitled to the interest on those deposits as provided under fixed deposits. From the materials on record it is clear that the complainant is entitled to Rs.17,494.00, Rs.15,994.00 & Rs.15,994.00 with interest @ 12% p.a there on from the date of maturity till actual payment is made. He is also entitled for compensation and litigation cost.
6. Hence ordered :-
: O R D E R :
The case be and same is allowed in part, exparte against the opp. parties. The opp. Parties are directed to pay the deposited amounts along with interests @12% p.a. there on from the date of maturity i.e on 23.07.2022 till it is actual paid to the complainant. The opp. parties are further directed to pay an amount of Rs.15,000.00 (Rupees Fifteen Thousand) only as compensation and Rs. 5,000.00 (Rupees Five Thousand) only towards cost of litigation to the complainant.
The opp. parties are directed to comply the order within one month from the date of receipt of the order, failing which they are liable to pay penal interest @ 16% per annum on the matured amount, compensation and litigation cost.