SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of non-disbursement of matured amount on fixed deposit are the allegations arrayed against Ops.
2. Complaint, in a nutshell reveals that complainant availed two(2) nos. of fixed deposit bond with Op Credit Co-Operative Society bearing fixed deposit bond no. 459 A/C No.193 dt.28/12/2014 by depositing Rs. 60,000/- and maturity date of fixed deposit bond was dt.28/12/2015 with matured value of Rs. 76,614/-. Complainant also deposited Rs. 8000/- on A/C No.676, when the complainant on maturity of its fixed deposit bond on dt.28/12/2015 approached and applied to release the matured amount the Op Credit Co-Operative Society paid a deaf-ear and refused to disburse the amount. It is alleged that due to non-payment of maturity amount Complainant sustained financial loss and mental agony. The cause of action of the instant case arose on dt.28/12/2015 and lastly on dt.20/01/2016 when Op-Co-Operative Society refused to release the amount as per the schedule of the complaint petition.
3. Being noticed OP-Credit Co-Operative appeared through their Ld. Counsel filed consolidated written version to defend their case. Op-Credit Co-Operative Society in their written statement denying the allegations and on submitting the facts it is averred that one Laxman Mishra, husband of the Complainant working as Branch Manager of WOMEN CREDIT Co-Operative Society,(OP-Credit Co-Operative Society) Chandol Branch from dt.19/9/2012 to dt.27/8/2015 and availed a loan to the tune of Rs.2,92,000/- and the said loan was sanctioned on dt.5/7/2013 where Complainant and one Sasmita Samal stood as surety No.1 & 2 respectively. It is also averred that said Laxman Kumar Mishra has misappropriated the funds of the Op-Credit Co-Operative Society, as per the term and conditions of the loan agreement the Op-Society has every right to adjust the whole part of the amount due to the Society. It is further averred that at the time of opening of alleged fixed deposit bond and R.D. Account the Complaint’s husband was the Branch Manager of Op-Co-Operative Society and they being the husband & wife colludied with each other and by committing fraud opened forged R.D. Account and issued the fixed deposit bond, which are not in proper form as per the procedure of the Society and the account opening form is not signed by the Chief Executive Officer of the Society. When the misappropriation of money by Complainant’s husband Laxaman Kumar Mishra was detected, the said Laxman Kumar Mishra was asked to deposit the misappropriated money in Cuttack central Co-Operative Bank, Chandol, but said Laxman Kumar Mishra without depositing the money left the branch Society on dt.27/8/2015 and remain absconded for which Secretary, Op-Co-Operative Society (Op No.3) filed a F.I.R. before Sadar Police Station, Kendrapara bearing P.S.Case No.94 dt.17/3/2016. It is also averred that the audit report of 31st March-2015 shows that Complainant Laxman Kumar Mishra has misappropriated an amount of RS. 2,90,000/- and the fixed deposit and R.D. Accounts are not genuine and if at all the said deposits and accounts are genuine as per the terms and condition of the loan and when the borrower is a defaulter Complainant-depositor is not entitled to get the deposited amount and in the facts and circumstances the Complaint is liable to be dismissed.
4. Heard the arguments advanced by Ld. Counsels for the parties at a length. Complainant to substantiate her case filed documents as per the list i.e. attested Xerox copies of F.I.R. dt.28/12/2015 lodged by Complainant, attested photocopy of Enquiry report of Niranjan Samal, CEO, Kendrapara Block. Equally, the Op- woman Credit Co-Operative Society filed a bunch of attested Xerox copies of documents as per the list as evidence to defend their case, which includes Xerox copies of accounting opening form F/D Account No.193(1 sheet), Xerox copy of Account opening form of R.D. Account No.667(1 sheet), Xerox copy of audit report dt. 31/3/2015(3 sheets), Xerox copy of enquiry report submitted to President, W.M.C.C.(3 sheets), Xerox copy of the loan application along with deed of gurantee (13 sheets). All the documents filed by the parties as per the list are part of the case record.
The Complaint is filed on allegation of deficiency in service against the Op-Credit Co-Operative Society for non-disbursement of fixed deposit bonds on recurring deposit Account No.-193 and 667 of Complainant demanding the maturity amount along with compensation in total to the tune of Rs.1,14,614.On the other hand Op-Credit Co-Operative Society countering the allegation take the defence plea that one Laxman kumar Mishra, Branch Manager of Chandol W.M.C.C. who is the husband of the present Complainant and by adopting fradulant practice opened a forged Account and issued a fake fixed deposit bond to the Complainant without the knowledge of the higher authorities of Op-Co-Operative Society and said Laxman Kumar Mishra, husband of the Complainant has misappropriated certain amount of the Society, for which a F.I.R. has lodged against the Laxman Kumar Mishra at Sadar Police Station, Kendrapara bearing P.S. Case No. 94 dtd.17/3/16.
Considering the allegations and its counter, it is to be kept in the mind that, whether the C.P.Act-1986 empowers this Forum to decide the fate of the Complaint and what are the position of law in the facts and circumstances discussed above and decision of the Honbl’e Commissions?
It appears from the documents filed by the parties that 2 nos. of F.I.R has been lodged before the Police (Investigating Agency) against each other. One F.I.R. has been lodged against Op-Credit Co-Operative Society on dt.28/12/2015 by the Complainant herself before, kendrapara Sadar Police Station, alleging non-release of maturity amount and another F.I.R. is lodged by Randhir Jena, Chief-Executive Officer, W.M.C.C against Laxman Kumar Mishra, husband of the Complainant before Sadar Police Station, kendrapara bearing P.S. case No.94 of 2017 U/S 409,420 IPC alleging misappropriation of funds of the Op-Society. It is also a fact that both the F.I.R. filed by the parties are under investigation by the concerned Police. Above all the veracity of the Complainant cannot be determined when no one else but the husband of the complainant, who was a Branch Manager/ employee of the Op-Co-Operative Society when the disputed transactions were made between the complainant and Laxman kumar Mishra in the capacity of Branch Manager/employee of the Op-Credit Co-Operative Society. To find out the truth of allegations it needs an elaborate evidence which is not possible in consumer Foras as the findings of the consumer Forum’s are based on summary trials. Our views are supported by decision of Honbl’e national Commission reported in 2015(1) CPR469(NC) in case of P.N.Khanna vs M/S Bank of India, through its Chief Manager & another, where Honbl’e National observed and relying on the decision of a 4 Member Bench of Honbl’e National Commission in case M.S. Singhal Swarrop Ispat Ltd. vs. United Commercial bank opined that “xxxxx when there are allegations of forgery, fraud and cheating, adjudication whereof, requires elaborate evidence, the same cannot be decided, by a consumer For a, proceeding before which, are summary in nature”. Thus the Complaint is not maintainable before the Forum on light of aforesaid decision of Honbl’e National Commission.
During course of argument Ld. Counsel for Complainant filed a copy of enquiry report of C.E.O, Kendrapara Block on the allegation of the Complainant, Naliniprava panda, w/o- Laxman Kumar Mishra against Op-Credit Co-Operative Society, who in his findings opined in favour of the Complainant. In this situation option is open before the Complainant either to get her legitmate dues as per the opinion of the C.E.O, the enquiring officers as the Op-Co-Operative Society is governed by co-Operative Society Act,1965 or to approach the Civil Court for redressal of her grievances.
With the aforesaid observations, we disposed of the Complaint without any cost.
Pronounced in the open Court, this 7th day of March,2017.
