Sri S.K.Sahoo,President.
This is a case filed by the complainant U/s. 35 of C.P.Act.
2. The case of the complainant is that he is a permanent resident of Vill.Banarpal of Angul district and the opp.parties are running their business in Angul district. On 24.12.2018 he had opened an account bearing No. 12537205360 amounting to Rs. 60,000.00 for 18 months , on14.06.2012 an amount of Rs.6,300.00 and on 15.06.2012 an amount of Rs. 11,700.00 with the opp.parties. Certificates bearing No. 925008315839, 562016957342 & 562016957229 were issued in his favour against the aforesaid deposits. The deposits relating to Certificate No. 562016957342 & 562016957229 were under “Q Shop Plan-H” which were based on LBP benefit along with certain specific consumption pattern goods or hospitality products. Certificates bearing No. 925008315839 relates to F2 SAHARA .A.SELECT Scheme .The complaint was entitled to get fixed interest and benefits on those certificates, The maturity value of the amount deposited on 24.12.2018 was Rs. 69,780.00 .After maturity of all the deposits the complainant approached the opp.parties to disburse the amount deposited along with other benefits but the opp.parties didn’t respond to the request of the complainant. On 06.07.2020 the complainant went to opp.party No.1 with a written application for disbursement of the amount due to him but the opp.party No.1 refused to receive such application. Hence the present complaint filed by the complainant for several reliefs.
3. Notices were issued to all the opp.parties through Regd. Post with A.D on 19.08.2020 .During hearing the complainant has prayed for deletion of opp.party No.2 and accordingly by order dtd. 12.10.2022 opp.party No.2 has been deleted. No written statement was filed by opp.party No.1,3 & 4 , nor they participated in the hearing.
4. The complaint petition filed by the petitioner is supported with an affidavit .It is alleged in the complaint petition that on 14.06.2012 the complainant deposited an amount of Rs.6,300.00 and on 15.06.2012 Rs.11,700.00 under “Q Shop Plan-H” with the opp.parties. It is also clear from the complaint petition that the complainant has deposited an amount of Rs. 60,000.00 on 24.12.2018 under “F2 Sahara A Select” certificate scheme which is to be matured on 24.06.2020 amounting to Rs.69,780.00 .The contents of the complaint petition is supported with affidavit, Photo copies of the certificates issued in favour of the complainant are on record. From the complaint petition along with documents filed by the complainant it is clear that the complainant has deposited an amount of Rs.6300.00 on 14.06.2012, Rs.11,700.00 on 15.06.2012 and Rs. 60,000.00 on 24.12.2018.The complainant failed to prove about the maturity of the certificates relating to deposit of Rs.11,700.00 and Rs. 6,300.00 .No evidence has been led by the complainant regarding the rate of interest for which he is entitled for the aforesaid two numbers of deposits. However such certificates are with the opp.parties since 14.06.2012 and 15.06.2012 . Hence the complainant is entitled to interest @ 9% p.a from date of those two deposits until it is paid to him. From the certificates issued to the complainant under “ F2 Sahara A Select” scheme it is clear that the amount of Rs.60,000.00 was matured on 24.06.2020 amounting to Rs. 69,780.00 .So the complainant is entitled to get interest @9% p.a on 69,780.00 from 24.06.2020 until payment is made to him by the opp.parties. As the opp.parties did not turn up inspites of notices issued to them and the case of the complainant was supported with affidavit, there is nothing to disbelieve the case of the complainant.
5. Hence ordered :-
: O R D E R :
The case be and same is allowed in part, exparte against the opp.party No.1,3 & 4. The opp.party No.1,3 & 4 are jointly and severally liable to pay the amount due to the complainant . The opp.party No1,3 & 4 are directed to pay an amount of Rs.11,700.00 along with interest @ 9% p.a from 15.06.2012 , an amount of Rs.6,300.00 with interest @ 9% from 14.06.2012 until payment is made to the complainant. They are directed to pay any amount of Rs. 69,780.00 (Rupees Sixty Nine Thousand Seven Hundred Eighty) only along with interest @ 9% per annum from 24.06.2020 till payment is made. The above 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 interest @ 16% per annum, on the amount due by the complainant.