1. Brief of the case of complainant is that he is a self help group established for earning livelihood by means of self employment and after getting assurance of subsidy facility from O.P. No.2 he availed loan of Rs. 2,50,000/- and subsidy of Rs. 1,00,000/- in the year 2009 vide A/c No. 12289012757 from O.P. No. 1. It is submitted that as per instructions of O.P. No. 2, the O.P. No. 1 disbursed the loan amount in two installments i.e. on 31.01.2009 for Rs. 1,50,000/- and on 30.06.2009 for Rs. 1,00,000/-.It is alleged that the O.P. No. 1 has credited subsidy amount of Rs. 75,000/- in the account of complainant but did not credit the balance subsidy amount of Rs. 25,000/- whereas the balance subsidy amount was updated in the register of O.P. No. 1 without crediting the same in the account of complainant till date and compelling the complainant to deposit the interest over the total loan amount of Rs. 2,50,000/-.It is also alleged that the complainant has already deposited an amount of Rs. 1,62,700/- i.e Rs. 50,000/- on 10.06.2009 and Rs. 1,12,700/- on 04.02.2010, but the O.P. No. 1 has charged an amount of Rs. 66,391/- as interest as on 31.05.2016.It is further alleged that while on contact with the O.P. No. 2 regarding non release of balance subsidy amount of Rs. 25,000/-, who did not bother and did not help him.Thus alleging deficiency in service on the part of the O.Ps, he filed this case with a prayer to direct the O.Ps to release the balance subsidy of Rs. 25,000/- and to waive out the interest over the loan amount and also to pay Rs. 50,000/- and Rs. 10,000/- towards compensation and costs to him.
    
2. The O.P. No. 1 appeared through their Ld. Counsel but did not choose to file their counter versions nor participated in the hearing inspite of repeated adjournments given to them keeping in view of natural justice.  Hence we lost every opportunities to hear from them, as such the allegations made against them became unrebuttal. 
    
3. The O.P. No. 2 also appeared through Ld. Counsel but did not choose to file their counter version to make any contradiction inspite of repeated adjournments given to them keeping in view of natural justice.  However, they have participated in the hearing by filing of certain documents in support of their submissions and argued that since they have discharged their responsibilities as on 12.06.2009, they do not have liability.
    
4. Complainant filed the documents such as :
   
   i.Xerox copy of bank pass book and transaction showing payment of loan amount and subsidy,
   ii.Xerox copy of letter dated 25.09.2017 addressed to Branch Manager, Utkal Gramya Bank,
   iii.Xerox copy of another letter addressed to Branch Manager, Utkal Gramya Bank,
   iv.Xerox copy of letter addressed to Regional Manager, Utkal Grameen Bank, Jeypore,
   v. Xerox copy of letter dated 13.01.2016 addressed to Branch Manager, Utkal Gramya Bank,
   vi.Xerox copy of letter dated 21.03.2016 addressed to Branch Manager, U.G.B., M.V. 79,
   vii.Xerox copy of certificate of beneficiary wise subsidy / expenditure vide bill no. 2 dated 12.06.2009.

The O.P. No. 2 has filed the documents like :

1. Copy of letter no. 2022 dated 01.10.2008 addressed to the Branch Manager, UGB, M.V. 79 mentioning sponsoring of subsidy in favour of Jagat Janani S.H.G.
2. Copy of pass book issued to Jagat Janani S.H.G showing payment of transactions and subsidy.
3. Copy of beneficiary wise subsidy vide bill no. 17 for 2008-09 for Rs. 75,000/-.
4. Copy of beneficiary wise subsidy vide bill no. 2 dated 12.06.2009 for Rs. 25,000/-.
   
   Heard from the parties present.  Perused the case record and material documents available therein.
   
   5.It is an evidentiary fact that, complainant being a self help group, running its establishment for earning livelihood by means of self employment and availed loan of Rs. 2,50,000/- wherein subsidy of Rs. 1,00,000/- in the year 2009 vide A/c No. 12289012757 with O.P. No. 1.  It is also evidentiary fact that the O.P. No. 1 disbursed the loan amount in two installments i.e. on 31.01.2009 for Rs. 1,50,000/- and on 30.06.2009 for Rs. 1,00,000/- as per the approval of O.P. No. 2.  The allegation of complainant is that the O.P. No. 1 has credited subsidy amount of Rs. 75,000/- in the account of complainant but did not credited the balance subsidy amount of Rs. 25,000/- whereas the balance subsidy amount was updated in the register of O.P. No. 1 without crediting the same in the account of complainant and was compelled by the O.P. No. 1 to deposit the interest over the total loan amount of Rs.2,50,000/-.  Further submission of complainant is that he has already deposited an amount of Rs. 1,62,700/- i.e Rs. 50,000/- on 10.06.2009 and Rs. 1,12,700/- on 04.02.2010, but the O.P. No. 1 has charged an amount of Rs. 66,391/- as interest as on 31.05.2016 and inspite of several approaches to the O.Ps, they   did not bother and did not help him towards release of balance subsidy of Rs. 25,000/-.  On the other hand, the O.Ps have appeared but did not make any contradiction to the allegations of the complainant by filing of counter versions, hence the allegations made by the complainant remained unchallenged and unrebuttal.  Though the O.P. No. 2 filed curtain documents in support of their contentions, but all those documents are fully corroborated with the allegations of the complainant, whereas the O.P. No. 1 totally silent over the matter, as such  we have no hesitation to disbelieve the versions of the complainant.  In this connection, we have fortified with the verdicts of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another, wherein it is held that that “Unrebutted averments shall be deemed to be admitted.”

6. Further it is ascertained from the submissions and documents filed by the parties i.e. beneficiary wise subsidy utilized / expenditure certificate vide bill no. 2 dated 12.06.2009 that  the O.P. No. 2 has already sanctioned the subsidy of Rs. 25,000/- in favour of the complainant, but the O.P. No. 1 did not bother to release the same, which is clear case of deficiency in service on their part.  Further it is also ascertained that complainant has availed loan of Rs. 1,50,000/- on 31.01.2009 and Rs. 1,00,000/- on 30.06.2009 in two phases, against which he has already deposited Rs. 50,000/- as on 10.06.2009 and Rs. 1,12,700/- as on 04.02.2010, in total complainant has deposited Rs. 1,62,700/- as on 04.02.2010.  Thus, it is matter of question that if the complainant has deposited Rs. 1,62,700/- as on 04.02.2010 than why did the O.P.No.1 has charged interest over the total loan amount of Rs. 2,50,000/-. Had the Op.No.1 credited the balance subsidy amount of Rs. 25,000/- as on 12.06.2009, no interest con be charged over the loan amount. To come to the clear picture, we provided several opportunities to the O.P. No. 1 to submit their views, but inspite of repeated opportunities, the O.P.No.1 neither submitted their views nor participated in the hearing nor filed any single document to that effect.   Hence, assuming that the O.P. No. 1 has nothing to say in this regard, we accepted the versions of the complainant.

7. Further the submissions of complainant regarding harassment made to them by the O.Ps, we think it is only the O.P. No. 1 who is the actual concern person who is supposed to release the subsidy amount as on 12.06.2009 as per beneficiary wise subsidy utilized / expenditure certificate vide bill no. 2 dated 12.06.2009 issued by O.P. No. 2.  And the inaction of O.P. No. 1 for not taking any proper steps towards release of balance subsidy of Rs. 25,000/- to the complainant, the O.P.No.1 has proved deficiency in service on his part which is not permissible in the eye of law.

8. At the time of hearing, the complainant submitted that due to non release of balance subsidy amount of Rs. 25,000/- inspite of repeated approaches made to the O.Ps and also the interest charged over the entire loan amount, they suffered mental agony and physical harassment, which is clearly visible from the inaction of the O.P. No. 1.  Further, we feel, the complainant who is a self help group only meant for earning livelihood by means of self employment must have suffered by moving from pillar to post to get their legitimate rights, as the State Govt. is initiating various steps towards development of self employment for the poor people and spending huge amounts in that regard.  But only for a few persons who are acting as intermediary between the State Govt. and the people, are doing mischievous activities with the poor people, playing hide and seek game with their life, only to exploit them and their hard earnings.  Hence considering the submissions of complainant, we feel, definitely they have faced mental agony and physical harassment to get the subsidy amount of Rs. 25,000/- since last 10 years, which is not permissible in any manner as per law.  Hence this order.

ORDER

        The complaint petition is allowed in part.  The O.P. No. 1   being the concerned person to initiate proper steps for release of subsidy amount, is herewith directed to take proper steps to release the balance subsidy amount of Rs. 25,000/- with immediate effect after receipt this order and also directed to waive out the interest of Rs. 66,391/- being charged illegally. Further the O.P. No.1 is also directed to pay an amount of Rs. 20,000/- towards compensation for causing mental agony and physical harassment which the complainant suffered and also to pay Rs. 5,000/- towards costs of litigation to the complainant within 30 days from the receipt of this order, failing which, the subsidy amount of Rs. 25,000/- shall carry interest @ 12% p.a. from the date when they received the release order from the O.P. No. 2 i.e. from 12.06.2009 till payment.  Further the O.P. No. 2, being the sponsoring authority, is herewith directed to look into the matter on priority basis, as many people like the complainant, in general, who cannot come forward to put their grievances in this regard, are suffering a lot like the complainant.

Pronounced in the open Forum on this the 10^th day of May, 2019.

Issue free copy to the parties concerned.