1. Non deposit of cost of 140 qtl of sold paddy amounting to Rs. 1, 90,400/- in his Bank account by the Opposite Party No-1 for more than five months is the main allegation of the Complainant which caused him financial loss, mental agony and physical harassment Hence he has approached this forum for the protection and relief as his prayer.
2. Notice sent to the Opposite Party No-1 has not retuned back as unserved hence due service presumed. Despite notice the OP No-2 and OP No-4 who are proforma parties neither appeared nor filed their written version. Hence the OP No-1,2&3 are set ex-parte. Notice sent to the Op No-3 has retuned back as un-served with a postal remark as “No such address hence retuned to sender”. Thereafter his name has been deleted from the array of Opposite Party as OP 1&2 are one and same person.
3. In course of hearing id. Counsel Mr. B.K. Mohanty, Advocate submitted that on receipt of notice the Opposite Party No-1 has deposited Rs. 1,90,400/- towards the cost of the sold paddy in the account of complainant.
4. Non deposit of cost of sold paddy for months together is a clear case os deficiency in service and due to delay in deposit of the said amount, the complainant who is a poor Cultivator definitely harassment.
5. In the result, the complainant of the complainant is fit to be allowed in part and complainant is entitled to a appropriate order in order in terms of Section 14 of the C.P. Act. Hence, we proceed to pass the following order. Hence it is ORDERED :
ORDER
The Opposite Party No-1 is directed to pay interest @ 12% on 1,90,400/- from the date of purchase of paddy till the payment is made. The Opposite Party No-1 is further directed to pay Rs. 5,000/- towards compensation for harassment and Rs. 2,000/- towards the cost of litigation to the complainant within 30 days on receipt on receipt of a copy of this order. In default the Opposite Party Ni-1 is liable to pay Rs. 100/- each day of delay and the said accumulated amount shall be deposited in the State Consumer Welfare Fund, Odisha.
The complaint petition allowed.
Copy of the order be communicated to the parties as per rules.
Delivered in open forum on this the 31st August, 2015.
