DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C.NO. 12 OF 2023
Date of Filing: 09.01.2023
Date of Order: 27.06.2023
Smt. Binodini Patnaik,
W/o-Premananda Patnaik,
At – Masterpada (OB Nagar)
PO- Phulbani Town,
District- Kandhamal. ………………….. Complainant
Versus.
Branch Managar, Sahara India,
Phulbani Branch, Phulbani,
District Kandhamal …………………….. Opp. Parties.
Present: Sri Purna Chandra Mishra - President.
Sri Sudhakar Senapothi - Member.
For the Complainant: Self
For O.P. : Expartee
JUDGEMENT
Sri Sudhakar Senapothi, Member
Complainant Binodini Patnaik has filed this case u/s 35 of the CP Act-2019 alleging deficiency of service and unfair trade practice on the part of Opposite Party and praying therein for direction to the Opposite Party to pay sum of Rs. 1,00,000/- with interest and to pay cost and compensation towards loss and harassment sustained by her.
- Brief fact leading to the case is that the complainant had deposited a sum of total Rs. 1,00,000/- in Sahara Credit Cooperative Society Ltd vide Receipt No. 80573540822 for Rs. 10,000/- on 28.05.2016, Receipt No. 80573540824 for Rs. 17,000/- on 28.05.2016, Receipt No. 80573540825 for Rs. 23,000/- on 28.05.2016, Receipt No. 80573540826 for Rs. 16,000/- on 28.05.2016, Receipt No. 80573540827 for Rs. 16,000/- on 28.05.2016and Receipt No. 80573540823 for Rs. 18,000/- on 28.05.2016 for the period of 18 months with maturity date on 28.11.2017 respectively. The company had assured to pay the matured amount in time. As the complainant did not get her matured amount in time, she approached the Opposite Party for payment of maturity due and as the OP did not pay the maturity amount, the complainant feeling harassed approached this Commission for the reliefs discussed above.
- Notice was issued to the Opposite Party. But, notices were returned back with the remarks that the office is closed. So, the notice was published in Daily News Paper the “Sambad” on 26.05.2023 for appearance of the Opposite Party” and as the Opposite Party did not appear, so, he was set expartee and this Commission proceeded to dispose of the case.
- The complainant in support of her case has filed the copy of the money receipts issued by the Opposite Party and has filed her evidence in shape of affidavit.
- It is seen from the money receipts filed by the complainant that she has deposited a sum of Rs. 1,00,000/- in Sahara Credit Cooperative Society Ltd vide Receipt No. 80573540822 for Rs. 10,000/- on 28.05.2016, Receipt No. 80573540824 for Rs. 17,000/- on 28.05.2016, Receipt No. 80573540825 for Rs. 23,000/- on 28.05.2016, Receipt No. 80573540826 for Rs. 16,000/- on 28.05.2016, Receipt No. 80573540827 for Rs. 16,000/- on 28.05.2016 and Receipt No. 80573540823 for Rs. 18,000/- on 28.05.2016 for the period of 18 months with maturity date on 28.11.2017 respectively. The Complainant had deposited total a sum of Rs. 1,00,000/-. The complainant in her evidence in chief has stated that she ran to the office of the Opposite Party on several occasions and O.P went on deferring dates after dates and the complainant was made to run on several dates without any results. This aspect of the evidence remains unchallenged and uncontroverted. It is clear from the documents and evidence led by the complainant that she has deposited the amount and the Opposite Party has failed to render proper service to the complainant which amounts to deficiency in service and unfair trade practice as well.
- As a case of deficiency in service and unfair trade practice coupled with harassment is made out against the Opposite Party, he is liable to compensate the petitioner for loss and harassment sustained by her and hence the Order.
O R D E R
The complaint petition is allowed expartee against the Opposite Party. The Opposite Party is directed to refund a sum of Rs. 1,00,000/- (Rupees One Lakh) only with interest @ 12% per annum from the date of deposit till it is refunded to the complainant The Opposite Party is further directed to pay compensation of Rs. 25,000/- (Twenty-five Thousand) only for deficiency in service, unfair trade practice and harassment to the petitioner. . The Opposite Party is further directed to pay a sum of Rs. 5,000/- (Five Thousand) towards cost of litigation. The order is to be complied within a period of 30 days from the date of receipt of this order failing which the order as to cost and compensation shall carry interest @ 12 % per annum from the date of order till it is actually paid to the complainant.
Computerized & corrected by me.
I Agree
PRESIDENT MEMBER
Pronounced in the open Commission today on this 27th of June 2023 in the presence of the parties.
PRESIDENT MEMBER
