PRESENT:   

Sri G.K.Rath,Hon’ble  President.

Smt. Bhawani Pattnaik,Hon’ble Member.

Shyam Sundar Panigrahi,S/o Late Madhab Panigrahi,R/o Hill Town, PO: Bhawanipatna  Dist: Kalahandi,  Odisha.                                                         …. Complainant.

Versus.

1. CMD,OSRTC, Paribahan Bhawan, A.G.Square, Unit II, At/Po Bhubaneswar,,Dist.Khurdha,Pin:751001.
2. General Manager,(Admin),OSRTC, Paribahan Bhawan, A.G.Square, Unit -II,Bhubaneswar,,Dist.Khurdha,751001.
3. Transport Manager, OSRTC,AT/Po Bhawanipatna, Dist.Kalahandi.

…..Opposite parties.

For the complainant:- Sri S.K.Nayak ,Advocate, Bhawanipatna

For the O.P 1 & 2: None

For the OP No.3: Self

JUDGEMENT.

        On perusal of the record  it is revealed that the complainant has deposited Rs.50,000/- for allotment of B5 category Shop/Room in the complex vide M.R. No.34/3268 dt.29.01.2006 with the Ops. Thereafter, the Ops sent a letter vide Letter No.5575 dt.04.04.2006 to the complainant  to deposit the balance amount of Rs.21,000/-towards security for allotment of B category Shop under Self Finance Scheme within seven days. But due to sudden illness of the complainant   and his demise of his son the complainant  could not deposit the balance security amount  of Rs.21,000/- in time  and informed the Ops  regarding his illness and made an alternate arrangement to deposit the full amount by another party for that particular shop   and informed the Ops to  refund the deposited amount of Rs.50,000/- to the complainant.  But the Ops  allotted the shop to some other person. For return of deposited amount of Rs.,50,000/- the complainant written several ties to the Ops  but  invain.  Hence, finding no other option the complainant filed this complaint and prayed to direct the Ops to refund the  deposited amount of Rs.50,000/- along with compensation f Rs.10,000/- for mental  agony . Hence, this complaint.

Upon  Notice, the O.P 3   appeared in person but failed to file written version though five adjournments have been granted. So, we decided to proceed the case in absence of any written version and decided to hear the matter from both the parties as per the documents available on record. The learned counsels for both the  parties vehemently advanced arguments touching the points both on the facts  as well as on  law.

         It is admitted fact that the complainant has deposited Rs.50,000/- on 29.01.2006 for allotment of shop but due to non deposit of balance amount of Rs.21,000/- the Ops allotted the shop to another person and till date the Ops have retained the deposited amount of Rs.50,000/- of the complainant and have not returned the amount in spite  of several requests which is not  not sustainable in the eye of law. The retention of deposited amount of the complainant without any valid reason is a deficiency  in service  on the part of the Opposite Parties. The Ops are ought to returned to deposited amount of the complainant with interest without any delay. Hence, it is ordered.

  ORDER

                The Opposite Parties are directed to returned the deposited amount of Rs.50,000/- with 9% interest from the date of deposit till the date of actual payment to the complainant. The Opp.Parties are directed to comply the above order within 30 days of receipt of this order. There shall be no order as to costs and compensation.

               Pronounced on this 30^th day of July,2020.

       Member.                                                         President