Complaint Case No. CC/67/2020 | ( Date of Filing : 03 Oct 2020 ) |
| | 1. Uttam Mondal, | aged about 26 years, S/o Bibhuti Mondal, At. Vill. MPV. 54, PO. Chitrangapalli, PS. Kalimela, Dist. Malkangiri. |
| ...........Complainant(s) | |
Versus | 1. Manager Director, Kalimela Lamps, | At/PO. Kalimela, PS. Kalimela. Dist. Malkangiri. | 2. The Secretary, Managing Committee, kalimela Lamps, | At/PO. Kalimela, PS. Kalimela, Dist. Malkangiri. |
| ............Opp.Party(s) |
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Final Order / Judgement | - The brief fact of the case of complainant is that he being a poor famer having ID No. WF23063203026, on 13.06.2020 has delivered 39.9 quintal of groundnuts at Chitrangapalli Mandi where the O.Ps. have lifted the same through their agency Cooperative Marketing Federation Ltd. and entered his name in their register vide lot no. S02410-1A amounting of Rs. 2,03,091/-.It is alleged that inspite of several approaches made to the O.Ps, they did not release the said amount stating that the account number of complainant is wrongly entered with the O.Ps, as such the said amount could not credited, thus being harassed, he filed this case claiming Rs. 2,03,091/- towards delivery of 39.9 quintals of groundnuts and to pay Rs. 1,00,000/- and Rs. 10,000/- from the O.Ps.
- The O.Ps. being the same department have commonly appeared through their Ld. Counsel, who filed written version admitting the delivery of alleged groundnuts by the complainant and issue of token against the delivery of alleged products at Chitrangapalli Mandi, but have denied the other allegations of complainant contending that alleged disputed amount of Rs. 2,03,091/- has already credited into the account of complainant prior to filing of the present case by the complainant. Further it is contended that the said amount is to be paid the principal agency i.e. Odisha State Cooperative Marketing Federation Ltd. (in short MARKFED), Odisha though the O.Ps and the O.Ps are not the payment authority. It is also contended that due to submission of wrong account number by the complainant at the time of registration before the concern authority, as such the aforesaid amount could not credited into the account of complainant in time, which is not the fault at the hands of O.Ps and also they have already paid the transportation charges to the complainant. Thus showing their no deficiency, with other contentions, they have prayed to dismiss the case.
3. Complainant filed certain documents like : - Copy of Lot entry slip vide no. S02410-1A,
- Copy of complaint made to the Collector, Malkangiri,
- Copy of Bank pass book,
- Copy of Aadhar Card vide no. 3816 2194 6169
- Copy of ROR vide khata no. 277.
Whereas Opp. Parties have filed documents like : - Copy of Aadhar Card vide no. 3816 2194 6169
- Copy of Lot entry slip vide no. S02410-1A,
- Copy of Bank pass book alongwith statement
- Copy of letter dated 28.04.2020 issued by Cooperation Department, Govt. of Odisha
- Copy of purchase register dated 03.06.2020
- Copy of delivery challan dated 08.06.2020
- Copy of farmers registration with details
- Heard from the parties. Perused the record and material documents available therein.
- In the instant case, there is no dispute regarding delivery of groundnuts of 39.9 quintals by complainant at Chitrangapalli Mandi on 13.06.2020 vide Lot no. S02410-1A amounting of Rs. 2,03,091/- and also the payment was not released within due period. The allegations of complainant is that though he has delivered the alleged products as on 13.06.2020 but till filing of the case, the O.Ps have not credited the disputed amount into his account. Whereas the contentions of O.Ps is that the amount of Rs 2,03,091/- has already credited into the account of the complainant prior to filing of the present case i.e. 30.09.2020 and the complainant filed the present case after receive the said amount i.e. on 03.10.2020, hence case is not maintainable. It is also contended that since the complainant has wrongly mentioned his account number during the registration, as such due to mismatch of account number, the aforesaid amount could not credited into his account in due time, which is not fault at the hands of O.Ps. Further it is contended that one agency named MARKFED purchases the alleged products and disbursed the amount into the account of farmers through the O.Ps, hence the said agency is necessary party to the present dispute and without adding him as necessary party, the present dispute is not maintainable, accordingly they prayed for dismiss the case.
- We have carefully gone through the documents filed by the parties. It is ascertained that the present case was filed on dated 03.10.2020 whereas the disputed amount of Rs. 2,03,091/- was already credited into the account of complainant on dated 30.09.2020 i.e. four days prior to filing of the case. O.Ps have filed document to prove their contentions. It is matter of surprise that the complainant has filed the present case receipt of the alleged amount. We feel, the complainant, being a poor illiterate farmer is not aware of such credited amount into his account and also has not updated his bank account, otherwise, he could have able to know regarding the disbursement of such amount in his account, as such filed the present case unintentionally. It is also ascertained that the main allegation of complainant is for non release of the alleged amount, which in otherwise, has already disbursed to him prior to filing of the case, hence we do think the present case is having any merit to proceed.
- Further it is ascertained from the documents filed by the O.Ps that the products at Chitrangapalli Mandi have been originally lifted out by MARKFED through the O.Ps and also payment by the said agency but not by the O.Ps. Hence we feel the concerned is a necessary party and without impleading them as necessary party to the present dispute, burden of liability cannot be fastened upon the O.Ps.
- Further it is ascertained that the delay of payment was caused only due to the confusion of wrong entry of bank account number of complainant during registration, as the said account number is not clearly visible in the bank pass book. Definitely one will get confuse if the account number is not clearly visible during payment. We think it is on the complainant who is to clarify the same with the O.Ps at the time of registration, as the account is belongs to the complainant himself.
- Further the O.Ps. have filed certain documents in support of his contentions, which were never challenged by the complainant, as such the documents are remained unchallenged and unrebuttal. Had the O.Ps. have committed any mistake on their part, it is on the complainant to challenge the said documents filed by O.Ps. and also to produce any cogent evidence to that effect. In this connection, we have fortified with the verdicts of Hon’ble National Commission in the case between Anuj Agarwal Vrs United India Insurance Co. Ltd., wherein Hon’ble Commission has held that “There is no illegality or jurisdictional error where an order is passed on written version and document of OP unchallenged by the complainant.”
- Considering the above discussions, we feel the complainant has not come with clean hands and proper evidence to prove his submissions, as such we do not think that the present case is a fit case for proceeding.
ORDER Considering the fact and circumstances of the case, the present case is dismissed against the O.Ps having no merit. No order as to costs. Parties to bear their own costs. Pronounced in the open Forum on this the 18th day January, 2021. Issue free copies to the parties concerned. | |