Orissa

Balangir

CC/2014/97

Susanta Kumar Mund - Complainant(s)

Versus

Branch Manager Sahara India Parivar Pvt. Ltd - Opp.Party(s)

04 May 2016

ORDER

Heading1
Heading2
 
Complaint Case No. CC/2014/97
 
1. Susanta Kumar Mund
S/o Sanatan Mund At:-Bargaon Post/Ps:- Khariar Dist:-Nuapada
...........Complainant(s)
Versus
1. Branch Manager Sahara India Parivar Pvt. Ltd
At:- Branch Office , Bolangir Po/Ps/District:-Bolangir
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Purusottam Samantara PRESIDENT
 HON'BLE MRS. Suniti Rath MEMBER
 HON'BLE MR. Gopal Krushna Rath MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 04 May 2016
Final Order / Judgement

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR.

                              ……………………………….

Presents:-

  1. Sri P.Samantara, President.
  2. Sri G.K.Rath, Member.
  3. Smt. S.Rath, Member.

 

                      Dated, Bolangir the 13th day of July 2016.

 

                      C.C.No. 97 of 2014.

 

Susanta Kumar Mund,age-34 years son of Sanatan Mund.

Resident of Bargaon P.O/P.S-Khariar, Dist- Nuapada.

                                                                         ..            ..           Complainant.

                        -Versus-

 

The Branch Manager, Sahara India Parivar Pvt.Ltd.

Bolangir Branch Office, At/P.O/P.S/Dist- Bolangir.

                                                                          ..          ..            Opp.Party.

Adv. for the complainant- Sri Prakash Mishra.

Adv. for the O.P.             –M/S. A.K.Mohanty & Associates.

             

                                                          Date of filing of the case- 22.12.2014

                                                          Date of order                   -  13.07.2016

 

JUDGMENT.

Sri G.K.Rath, Member.

 

                The facts of the case in brief is that the complainant had opened an account vide No.18439201759 dt.29.10.2003 with the O.P  and received a receipt No.38602020661 for the case of Rs 20,701/- deposited by him.

 

2.             That after the maturity of his account the complainant went to the O.P with all relevant papers to release the amount but the O.P avoided him to pay the maturity amount by giving false assurance. The complainant thereafter sent the O.P a Pleader notice on dt.14.07.22014 through R.P with A.D. and the O.P remained silent without taking any action after getting this notice.

 

3.             The complainant in support of his case has filed photo copy of money receipt and account number of Sahara India Parivar and claimed relief for realization of his maturity amount with interest as well as compensation and cost.

 

4.             After receiving notice from the forum, the O.P appeared and filed his version admitting the pleadings of the complainant. He has averred in his version admitting to pay the maturity amount subject to submission of money receipt for verification. In support of his case the O.P has not filed a single scrap of paper.

 

5.                 We have the learned Advocate for the complainant as well as the learned Advocate for the defendant at length. We have gone through the complaint petition and version filed both the parties. The O.P at para 6 of his version admitted to make payment of the maturity amount along with interest subject to filing of Receipt by the complainant for verification. Therefore, we have not gone deeply  into the case, since the O.P has admitted in his version to make payment of the maturity amount after verification of the receipt.

 

6.                 On perusal of the order sheets of the case record, we found that on 22.1.2016 the complainant has filed the original Pass Book and Receipt and the same has been received by the learned Advocate for the O.P.by putting his signature on the petition dated 13,1,2016 “List of documents filed by the complainant”. Therefore in our considered opinion, when the O.P has already received the original papers through the Forum since five months and more and till date has not paid the maturity amount it is clear that he has guilty intention to make harassment to the complainant which amounts to deficiency in service. Hence ordered;

 

                                       ORDER.

 

                  The O.P is hereby directed to make payment of the maturity amount along with interest @ 6% per annum from the date of maturity, within 30 days of this order, failing which the entire amount shall carry interest @ 8% per annum from the date of order till payment.

 

                  No order as to compensation and cost.

 

ORDER PRONOUNCED IN OPEN FORUM THIS THE 13TH DAY OF JULY 2016

 

 

 

 

[P.Samantara]                         [S.Rath]                                     (G.K.Rath)

  PRESIDENT.                            MEMBER.                                  Member.

 
 
[HON'BLE MR. Purusottam Samantara]
PRESIDENT
 
[HON'BLE MRS. Suniti Rath]
MEMBER
 
[HON'BLE MR. Gopal Krushna Rath]
MEMBER

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