Sri S.K.Sahoo,President.
This is a petition filed by the complainant U/s. 35 of C.P.Act, 2019 .
2. The case of the complainant is that he is a permanent resident of Vill.-Nuahata of Angul district and the opp.parties are running their business and earning profit in the Angul district along with other places. On 19.06.2018 the complainant opened account No.12537402375, 12537402376 & 12537402378 and deposited an amount of Rs.17,750.00 in each account as fixed deposit for a period of 24 months. The opp.parties have issued certificates bearing No. 4380008432, 4380008433 & 4380008435 in favour of the complainant. As per the rule of the co-operative society of the opp.parties the complainant is to get interest on his deposited amount equal to fix deposit. He is also entitled to get such other benefits under the scheme i.e Golden-24. After the maturity of the accounts the complainant is entitled to get Rs. 22,066.00 on each of his deposit amounting Rs. 66,789.0 in toto. The opp.parties failed to release the amount in favour of the complainant after its maturity i.e 19.06.2020. In several occasions the complainant personally approached the opp.party No.1 and the other opp.parties through cell phone for disbursement of the maturity amount but no effect. When the complainant wanted to submit a written application to opp.party No.1 for disbursement of the matured amount ,he refused to receive the same and disclosed the complainant that he should invest the matured amount in fresh fixed deposit certificate for 24 months instead of demanding cash. The opp.parties have adopted unfair trade practice and there is deficiency in service. Due to such conduct of the opp.parties the complainant sustained loss, subjected to mental agony and harassment. Hence this case.
3. Notice was issued to all the opp.parties through Regd.post with A.D on 14.08.2020. The A.Ds are on record, which shows that all the opp.parties have received the notice issued from this Commission. Inpite of such notice the opp.parties did not turn to file written statement or to contest the case.
4. The complaint petition filed by the complaint is supported with affidavit. It is clear from the complaint petition that the complainant had deposited an amount of Rs. 17,750.00 each in three numbers of account on 19.06.2018. Those accounts are 12537402375, 12537402376 & 12537402378. It is also clear that after deposit of the aforesaid amount by the complainant the opp.parties have issued certificates number 4380008432, 4380008433 & 4380008435 in favour of the complainant. The copy of the said certificates are available in the case record which are filed by the complainant. On perusal of those certificates it appears that on 19.06.2018 the complainant has deposited Rs.17,750.00 each in three numbers of accounts which are to be matured on 19.06.2020 . The matured amount of each deposit is Rs.22,266.00. From the materials on record it is also clear that after maturity of the aforesaid deposit the complainant approached the opp.parties but the opp.parties did not repay the matured amount to the complainant. Certainly the non-payment of matured amount to the complainant by the opp.parties amounts to deficiency in service. Inspite of notice received from this Commission, the opp.parties have also not taken any step for payment of the matured amount to the complainant, for which the complainant sustained monetary loss and sustained mental agony.
5. Hence ordered :-
: O R D E R :
The case be and same is allowed in part against all the opp.parties. The opp.parties are jointly and severally liable to pay the matured amount of Rs.66,798.00 (Rupees Sixty-Six Thousand Seven Hundred Ninety-Eight ) only to the complainant after maturity. They are also directed to pay interest @12% per annum on the matured amount from the date of maturity until payment is made. The opp.parties are also directed to pay an amount of Rs. 15,000.00 (Rupees Fifteen Thousand)only as compensation and Rs.5000.00 (Rupees Five Thousand) only towards litigation expenses. The opp.parties are further directed to comply the order within a period of one month of receipt of this order, failing which they are liable to pay penal interest @ 16% per annum, on the amount to be paid to the complainant.