Presents:-
- Sri P.Samantara,President.
- Smt. S.Rath, Member.
- Sri G.K.Rath, Member.
Dated, Bolangir the 5th day of December 2014.
C.C.No. 50 of 2014.
Bidyadhar Hati ,aged about 40 years son of Chakradhar Hati.
Resident of village- Kumbhari P.O.Gudighat,P.S.Saintala,
District- Bolangir.
.. .. Complainant.
-Versus-
Branch Manager, State Bank of India,Titilagarh Branch.
At/P.O/PS- Titilagarh, Dist- Bolangir.
.. .. Opp.Parties.
Advocate for the complainant- Self.
Advocate for the Opp.Party - None.
Date of filing of the case – 05.07.2014
Date of order of the case - 05.12.2014
JUDGMENT.
Sri P.Samantara,President.
In the matter an application u/s.12 of the C.P.Act, 1986, filed by the complainant against the O.P. alleging deficiency in service.
2. The case of the complainant is that he received a payment order from S.D.J.M. Titilagarh and deposited in his account No.30626686063, State Bank of India, Titilagarh Branch on dated 05.03.2012, and averred that the amount deposited had not been realized to the said account in spite of repeated reminding the callousness on the matter. For no reason, the amount is not yet realized to his account. Praying to direct the O.P to credit the amount, along with delayed interest that accrued, in the account till date. Thus the case.
3. On notice the O.P did not prefer to appear nor responded to the notice as per the law. In perusal of record we find being a public sector institution the notice is deemed sufficient u/s.28-A(4) of the Consumer Protection Act 1986. Non appearance to the call of the forum is viewed as serious that implies capriciousness is the nature of way it functions, that the sector relies with and did not care the laws of the land and had a scant respect to same. So we proceed to decide as per the merit of the case.
4. The complainant relied on photocopy of the payment order issued by the S.D.J.M. Titilagarh. Original verified and found to be true. The voucher dt.05.03.2012 reveals, the payment has been deposited in the account No.30626686063 on dt.05.03.2012. The complainant also submitted, he had given representation to Branch Manager, S.B.I. Titilagarh regarding the non realization of the amount to the respective account. The O.P is too deficient in rendering the service to the petitioner. Such delay of two years is flaw of serious nature and deficiency of the O.P is substantive, established and founded one within the terms of provisions u/s.2(g) of the C.P.Act,1986.
Hence ordered;-
The O.P is directed to pay the petitioner the “Pay order” amount of Rs 3,500/-(Rupees Three thousand five hundred) only, instantly to the credit of account No.30626686063 along with Rs 1,000/- (Rupees one thousand) only, towards loss of interest, harassment and mental agony sustained within 20 days of this order, failing which Rs 10/- per day will accrue on the entire amount from the date of order till realization. Besides the O.P has to pay Rs 500/-( Rupees Five hundred ) only, as litigation expenses incurred within the time framed above.
(ii) The O.P is further directed to the complainant an amount of Rs 1,000/- ( Rupees One thousand) only, towards non attendance to the call of the forum and not caring the laws of land, within above time framed. Non compliance of same, will attract Rs 10/- per day till realization.
ORDER PRONOUNCED IN OPEN FORUM THIS THE TH DAY OF NOVEMBER 2014.
I agree. I agree.
( S.Rath) (G.K.Rath) (P.Samantara)
MEMBER. MEMBER. PRESIDENT.
