DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                              C.C.NO. 29 OF 2014

Present:   Sri Rabindranath Mishra            - President

                 Miss Sudhira laxmi Pattanaik     - Member.

Narayana Behera aged 65 years.

S/O: Late Dandapani Behera

At/PO: Masterpada PS: Phulbani Town.

Dist: Kandhamal.                                                       ……………….   Complainant.

                               Versus.

Managing Director,

Block Level Artisans Industrial

Multi Purpose Co- operative Society Ltd, Phulbani

(BLAIMCS Ltd Phulbani)

C/O: District Industry Center

Near Medical Square, Phulbani.

PO/PS: Phulbani Town Dist: Kandhamal                 ………………. OPP. Party.

For the Complainant:      Self.

For the Opp. Parties:      Self.

Date of Order:    25-05-2015

                                                                                                   O R D E R

                                    The Case of the Complainant in short is that he was working as a peon in the office of the District Gramodyaga Marketing Co-operative Society Ltd Phulbani in the year 1992. He was a member of Block Level Artisans Industrial Multi Purpose Co- Operative Society Ltd.Phulbani and he was not availing any loan amounting of Rs. 44,000/- for Dhobi Service from the said society. But the Opposite Party gave a notice to him on 15-04-2013 to repay Rs. 16,462/- within 3 days towards his loan otherwise legal action will be initiated against him. The further case of the Complainant is that the Opposite party was directed to pay  Rs. 25,373/- to him in connection with P.G case No. 08/2010 by the court of the controlling Authority under payment of gratuity Act, Berhampur , Ganjam as per order dated. 25-03-2013. So,being aggrieved the Opposite Party gave the above notice to him intentionally. Hence, he has filed this complaint against the O.P and claimed compensation of Rs. 30,000/- and Rs.5, 000/- for cost of litigation due to harassment and negligence of the Opp. Party.

                                                                                                         -2-

                                    The case of the Opposite party as per his version is that, the Complainant was an attendant in the District Gramodyoga Marketing Co- Operative Society Ltd, Phulbani since 1985 on daily wages. Both the Societies are two separate institutions having separate office. On 16-03-1992 the Complainant had availed a loan from the Block level Artisans Industrial Multipurpose Co- Operative Society, Phulbani. But he has not repaid any amount in spite of repeated notices. It is further stated that the case relating to the payment of gratuity is under sub- judice in the Hon’ble Court of the Dy Labour Commissioner, Jeypore, District koraput. Hence, the same is not connected with the affairs of Block Level Artisans Industrial Multipurpose Co- Operative Society. It is stated that till 31-12-2014 Rs.17, 439/-is pending against the Complainant towards loan amount and interest. Hence, he prayed to dismiss the complaint with cost.

                                    We have heard both the complainant and the Opposite party. We have gone through the complaint petition, version of the Opposite Party and the documents filed by both the parties in support of their case. It is admitted fact that the Complainant was a member of the Block Leval Artisans Industrial Multipurpose Co- Operative Society, Phulbani but there is dispute regarding the availing of loan by the Complainant from the said Society. During hearing it is submitted by the Complainant  that the said loan amount was closed during his tenure as the scheme was beneficiary in nature .It is a matter of loan which was sanctioned in favor of the Complainant for Dhobi purpose in the year 1992 . In the mean time 22 years has already been passed but no effective steps were taken by the Opposite Party for recovery of the same. The interest is increasing day by day against the Complainant with full knowledge of the Opposite Party. It is seen from the available documents that the Opposite Party was directed by the controlling authority under payment of gratuity Act, Berhampur to pay Rs. 25,373/- to the Complainant within 30 days from the order dated. 23-03-2013 being the Managing director of D.G.M.C Society. But the notice for payment of Rs. 16,462/-was issued to the Complainant on 15-04-2013 in the capacity of Managing Director, BLAIMC Society, Phulbani. The Opposite Party is working as Managing Director of both the Societies. The claim of a loan amount in beneficiary scheme after 22 years is not sustainable in the principles of natural justice and the demand in a later stage is amounting to gross negligence on the part of the Authority.

                                    In the above circumstances we are not awarding any compensation to the Complainant but both parties are directed to settle up their dispute amicably within 30 days from the receipt of this order in order to avoid further litigation.

                                    Accordingly the C.C is closed. Supply free copies of this order to both the parties.

                                                   MEMBER                                                       PRESIDENT