Sri S.K.Sahoo,President.
This is a petition filed by the complainant U/s. 12 of C.P.Act, 1986.
2. The case of the complainant is that he has purchased goods from the opp.parties without any interest vide A/C. No. LAN-U19DPFFB464479, LAN-U19CDFJ94605, LAN-U19SAVFX469557, LAN-U19OCDFX475178 and U19 WACFV767603 .Due to lockdown from 21.03.2020 , the Govt. has declared and allowed deferred payment of the loan instalments for three months. The due date for payment was from April,2020. The opp.parties did not deduct any amount in time but imposed fine , claiming the loan as over due. On 18.04.2020 the complainant received telephone call from the opp.parties for payment of the loan amount through Google pay and accordingly the complainant has paid all the amount through such process. The opp.parties imposed fine of Rs. 5,000.00 for over due of the loan and on 01.05.2020 deducted the said amount from the account of the complainant. Again on 01.05.2020 the complainant has deposited the instalment amount through Google pay for the month of May, 2020. Suddenly the opp.parties deducted an amount of Rs. 10,000.00 towards loan amount , over dues and fine. On 02.05.2020 the complainant intimated the opp.parties about the deduction of Rs. 10,000.00 from his accounts. The opp.parties again imposed a fine of Rs. 5,000.00 and deducted the same from the account of the complainant. The complainant has sent a pleader notice to the opp.parties on 18.05.2020 which has been received by the opp.party No.1 on 20.06.2020 and opp.party No.2 on 19.05.2020 . Inspite of receipt of such notice the opp.parties did not work on the claim of the complainant. Hence this case.
3. Notice was issued to both the opp.parties through Regd. Post with A.D on 10.07.2020 . Inspite of such notice the opp.parties did not turn up to contest the case.
4. On perusal of the complaint petition it transpires that an amount of Rs. 15,000.00 has been deducted by the opp.parties from the accounts of the complainant. It is also alleged by the complainant that such deduction is illegal and without any basis. The copy of the pleader notice dtd. 18.05.2020 is available in the case record. It also transpires from the postal receipts that the complainant had issued pleader notice to opp.party No.1 through Regd. Post in correct address. The opp.parties did not reply to such notice. The opp.parties neither appeared nor contested the case. So it is clear that the allegations made by the complainant is true.
5. Hence order :-
: O R D E R :
The case be and same is allowed, in part,exparte against both the opp.parties. They both are jointly and severally liable for the payment. The opp.parties are directed to return an amount of Rs.15,000.00 (Rupees Fifteen Thousand )only along with interest @ 9% p.a to the complainant since July, 2020 (filing of the complaint ) till payment is made. The opp.parties are further directed to pay Rs.1,000.00 (Rupees One Thousand ) only towards cost of litigation .The opp.parties are directed to comply the order within one month from the date of receipt of this order, failing which the awarded amount will carry on penal interest @ 18% p.a till payment is made.