Orissa

Jajapur

CC/117/2019

Madan Mohan Jena. - Complainant(s)

Versus

Branch Manager,Sahara India,Jajpur Road Branch. - Opp.Party(s)

Banaja Rani rout.

13 Dec 2021

ORDER

 

 IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JAJPUR.

                                                        Present:    1.Sri Pitabas Mohanty, Member,

                                                                          2.Miss Smita Ray,  Member(w).                      

                                                      Dated the 13th day of December ,2021.

                                                      C.C.Case No.117 of 2019

Madan Mohan Jena ,  S/O Kelu Jena

Vill-Bhagatpur, P.O-Bhubaneswarpur

 P.S-Jajpur Sadar , Dist.-Jajpur.

                                                                                                                            …….. Complainant.

                                                (Versus)

 

1.  Branch Manager, Sahara India, Jajpur Road Branch ,At.Chorda Bye pass chhak

 P.O/P.S/Jajpur Road, Dist.-Jajpur.

2.  Managing Director ,Sahara India Commerrtical Co.Ltd, Sahara India Bhawan

1,Kapurthala Complex, Lucknow

                                                                                                                            ………….O.Ps.

 

For the Complainant:                                 Sri G.C.Panda, Miss B.R.Rout,  Advocate.s

For the Opp.Party: No.1 and 2                   Sri M.P.Singh, Advocates.

                                                                                         

                                                                                                         Date of order:  13.12.2021

SHRI PITABAS MOHANTY, PRESIDING   MEMBER .                                                  

            The petitioner has filed the present dispute alleging deficiency in service on the  part of O.ps

 

            The fact as per complaint petition as stated by the complainant that the petitioner made one fixed deposit of Rs.  30,000/-  before o.p1 on 23.12.2005 and the said amount matured on 28.2.12 with the  maturity  value of Rs. 90,000/-.  After 28.2.18 the petitioner went to o.p1 for several time  for receiving the matured  amount  Rs.90,00/- but the o.p1 and staff deferred time to pay the said amount and  interest. At last on dt.19.11.19 the petitioner  went to o.p1 to receive back the

matured amount and interest  but the  O.P.no.1 refused  to pay  the matured value and interest to the petitioner. Hence the petitioner forced to file the present dispute.

            Accordingly finding no other alternative the petitioner filed the present dispute with the prayer to direct the o.ps to pay the matured value of Rs90,000/- along with 12%  interest  per annum from the date of maturity till the date of payment   along with pay  45,000/- compensation towards mental agony, harassment and cost of litigation.

            The notice though duly served on the O.P  but the O.ps did not choose to contest the dispute by filing any written version  /objection .Accordingly there is no option before this commission  to declare the o.ps as set - exparte vide order dt.18.02.21 .

            On the date of hearing we heard the argument from the learned advocate  for the petitioner. After perusal of the record and documents in details

 it is observed that

1 it is undisputed fact that the petitioner deposited a sum of Rs.30,000/- as  term of fixed deposit i.e on 30.12.2005 and as per condition of the said bond  will be  matured on 28.2.18  with matured amount of Rs.90,000/- .As per photo copy of fixed bond filed from the side of the petitioner  which  issued by the O.Ps .

2. The petitioner  alleged that after maturity  of the fixed bond when he went to the office of o.p1 for receiving the matured amount the authority of op.1 denied to pay the same , for which the petitioner constrained to file the present dispute. On the other hand the O.ps after receiving the present dispute  neither  choose to contest the dispute nor fixed  the written version  /objection against the complaint of the petitioner. Accordingly this commission lost every opportunity  heard  from the side of the O.Ps.  Hence there is no option remained before this commission without accepting the uncontroverted  statement mentioned in the complaint petition as per observation  of Hon’ble Odisha  State Commission reported in 2003-CLT-Vol-96-p-15 .C.D.Case No.37/02  wherein it is held that:

In absence of written version by the O.P, the  Commission is bound to accept the uncontroverted statement of the complaint petition.”

And

2013(1)CPR-507-N.C ,wherein  it is held that:-

            “In case written version not filed after several opportunity,   it has no defence on merit.”

Hence this Order

            The dispute is allowed against the O.Ps as exparty. The O.Ps are directed to pay the maturity value of the fixed deposit Rs.90,000/- with 9% interest from 28.02.18 till the date of its realization along with Rs.10,000/- as compensation  to the petitioner within 45 days after receipt of this order,  failing which the petitioner can take steps as per law .

        This order is pronounced in the open commission  on this the 13th day of December,2021. under my hand and seal of the Commission .