Sri S.K.Sahoo,President.
In this Case U/s. 35 of C.P.Act,2019 a group of consumer having the same interest and related to each other have filed the present complaint. Complainant No.1 is the husband of complainant No.2.Complainant No.1 is also the father of complainant No.3 to 5. They are permanent resident of Vill. Luhundi under Angul district. The opp.parties are having a the business organisation and pursuing its business in the district of Angul under the name of Universal Multipurpose Society Ltd. The Society of the opp.parties have a branch office at Angul. All the complainant have deposited different amounts with the opp.parties under SUPER BB Scheme as described here under.:-
Sl.No. | Name of the Consumer | Certificate number | Amount deposited | Total claim amount with interest and other benefits. |
01 | Girish Chandra Nanda | 467004232139 | 1,42,000.00 | 3,04,671.00 |
02 | Girish Chandra Nanda | 467004232140 | 27,650.00 | 59,950.00 |
03 | Minakhi Manjari Mohapatra | 467004232141 | 50,000.00 | 1,07,079.00 |
04. | Sangya Sangha Mitra Nanda | 467004232132 | 18,000.00 | 40,162.00 |
05. | Suryasikha Nanda | 467004232144 | 9,700.00 | 21,830.00 |
06. | Suryasikha Nanda | 467004232145 | 8,600.00 | 16,982.00 |
07. | Rameswari Nanda | 467004232142 | 8,950.00 | 20,043.00 |
08. | Rameswari Nanda | 467004232143 | 8,550.00 | 16,886.00 |
The complainants have deposited the aforesaid amount under the scheme for a period of 36 months .After 36 months the complainants were entitled for the amounts mentioned in each of the certificate at the bottom, shown under the column “ total claim amount” . All the complainants deposited an amount of Rs. 2,73,450..00 and entitled to interest along with the joint point amount of Rs. 5,87,603.00 .As the opp.parties did not pay the maturity value i.e the total claim amount after expiry of 36 months they have filed the present complaint before this Commission and asked for different reliefs.
2. Notices were issued to all the opp.parties through Registered post with A.D on 02.06.2022.The notice issued to opp.party No.3 returned with postal endorsement that the addressee refused to receive the same. The A.D of opp.party No.2 is available in the case record. S.R of opp.party No.1 is not back. As the notice was issued on 02.06.2022 in the correct address of the opp.party No.1 through registered post with A.D it is deemed to have been served on opp.party No.1 in view of section -27 of General Clauses Act.
3. Inspite of service of notice on the opp.parties no written statement has been filed but the opp.party No.1 & 2 entered their appearance through their Learned Advocate, who submitted during argument that the present proceeding before this Commission is not maintainable in view of the bar provided under Co-operative Society Act.
4. The complaint petition is supported with an affidavit of Complainant No.1 - Girish Chandra Nanda .It is clear from the complaint petition that all the complainants are related to each other. It is also clear from the complaint petition and the photo copies of certificates filed by the complainants that they have deposited an amount of Rs. 2,73,450.00 in toto with the opp.parties in SUPER BB Scheme for a period of 36 months. Certificates number 467004232139, 467004232140, 467004232141, 467004232132, 467004232144, 467004232145, 467004232142 & 467004232143 were issued in favour of the complainants. It transpires from photo copies of certificates that the complainants are entitled for accumulated joining points acquired by them. Although some amounts were mentioned at the bottom of each certificates as approximately amount, there is no materials before this Commission about the rate of interest of each deposits by the complainants. The contents of the complaint petition is corroborated by the documentary evidence produced by the complainants before this Commission. Inspite of notice issued to the opp.parties they have not produced any oral or documentary evidence.
On the other hand the opp.parties No. 1 & 2 have challenged the maintainability of the present proceeding before this Commission. However, the contains of the complaint petition and the documents are not challenged by the opp.parties at all, so those materials are reliable and trust worthy. There is nothing on record to disbelieve the complainants. As the complainants failed to prove about the rate of interest agreed upon on their deposits, it will be just and proper to grant them interest @ 12% per annum on their deposits since the date of deposits, till payment is made.
5. Hence ordered:-
: O R D E R :
The case be and same is allowed in part on contest against the opp.party No.1 &2 and exparte against opp.party No.3.
The opp.parties are jointly and severally liable to pay the amount due to the complainants.
The opp.parties are directed to pay principal amount along with interest @12% per annum on each of the deposits by the complainants until payment is made. The opp.parties are further directed to pay an amount of Rs. 15,000.00 (Rupees Fifteen Thousand) only as compensation and Rs. 5,000.00 (Rupees Five Thousand) only towards cost of litigation to the complainant.
The opp.parties are directed to comply the order within one month from the date of receipt of the order, failing which they are liable to pay penal interest @ 16% per annum on the amount entitled by the complainant .
