Orissa

Cuttak

CC/125/2013

Sushil Kumar Choudhury - Complainant(s)

Versus

Managing Director,Seashore Multipurpose Co-operative Ltd - Opp.Party(s)

N K Sahu

06 Mar 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.125/2013

 

Sushil Kumar Choudhury,

S/O:LateAkshya Kumar Sahu,

At/PO:Kumarpur,P.S:Gurudijhatia,

Via:Charbatia,Dist:Cuttack.                                              ... Complainant.

 

                                                                Vrs.

1.                 Seashore Multipurpose Co-operative Ltd,

         Having its Regd. No.211/2009,Regd. Off:Kailash Plaza,

         3^rdFloor,LinkRoad,Cuttack represented through its

         Managing Director Prashanta Kumar Das.    

 

2.                Prashanta Kumar Das,Managing Director,

        Seashore Multipurpose Co-operative Ltd. and

        Sea Shore Agricultural Promotion Company Pvt. Ltd.,

        Off:Kailash Plaza,   3^rd Floor,

        Link Road,Cuttack.                                                                    ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                                Sri SibanandaMohanty,Member.

 

               Date of filing:     15.05.2013

Date of Order:    06.03.2023

 

For the complainant:       Mr. N.K.Sahu,Adv. & Associates.

For the O.Ps.                 :        None.

 

Sri SibanandaMohanty,Member.                                         

             Case of the complainant in short is that the O.Ps had floated a scheme under the name and style “Seashore” all over Odisha and so also outside  Odisha and as per the scheme the depositor is entitled to get monthly interest @ 4% on his fixed deposited amount. Besides that the fixed deposit amount would be returned after completion of one year or number of years as desired by the depositor.  The further case of the complainant is that he is a heart patient  and had undergone heart surgery in the year 1999 and as per the advice of doctors he is taking medicines regularly.  The complainant being persuaded by the agent of the O.P namely Sri Samir Kumar Rout, in order to get monthly interest of 4% for his betterment and to reduce his burden of continuous medical expenditure, had deposited Rs.2,00,000/- in two different Accounts maintained by the O.Ps i.e on 30.1.12 deposited Rs.50,000/- in A/C No.175/Cmp/7/0044 and on 25.6.12 deposited Rs.1,50,000/-in A/c. No.175/SPLSB-3/0016.   As per the scheme, the complainant is entitled to get the interest in every month @4% over his deposited amount.It is stated by the complainant that the O.Ps had received Rs.2,00,000/-from the complainant towards the scheme floated by them.  But they did not give interest as agreed upon between them.  As the O.Ps did not pay the interest on his deposited amount, the complainant had approached them for refund of his deposited amount.  But the O.Ps did not refund his deposited money.  Hence, the complainant has approached this Commission with a prayer for a direction to the O.Ps for refund of his deposited amount of Rs.2,00,000/- alongwith interest, so also to pay him a sum of Rs.25,000/- towards loss, mental agony and harassment caused to him as well as litigation expenses.

             The complainant in order to prove his case has filed copies of some documents.

2.         Inspite of notice the O.Ps did not appear, hence they were set exparte.

3.         The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps and if they have practised any unfair trade ?

iii.        Whether the complainant is entitled to the reliefs as claimed?

PointNo.ii.

Out of the three points, point no.ii being the most pertinent issue is taken up first for consideration here in this case.

The O.Ps had floated a scheme.  As per the scheme, the complainant is entitled to get monthly interest @ 4% on his deposited amount.  Besides that the O.Ps were duly bound to refund the principal amount after over of agreed period.  The complainant has filed copy of his Savings Bank Passbook issued by the O.Ps showing therein that he had deposited  Rs.50,000/- on 30.1.2012 in A/C. No.No.175/Cmp/7/0044  as well as Rs.1,50,000/- on 25.6.2012 in A/c no.175/SPLSB-3/0016 maintained by the O.Ps.  The complainant also filed copy of the cash receipt issued by the O.Ps to that effect.  Hence, it is proved that the complainant has deposited Rs.2,00,000/- in two S.B.Accounts maintained by the O.Ps but the O.Ps did not pay the interest on the deposited amount as agreed upon.  The O.Ps neither appeared nor filed written version.  Hence, the allegation made by the complainant are deemed to be true.  The complainant approached the O.Ps many times for getting his interest as per the scheme on his deposited amount as well as his  principal deposited amount but the O.Ps neither paid the interest on his deposited amount nor they refunded his principal deposited amount.  In view of the above, it is held that the O.Ps have committed deficiency in service as well as has adopted unfair trade practice by not doing so.

Pointsno.i& iii.

             From the discussions as made above, the case of the complainant is definitely maintainable and the complainant is entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                                                             ORDER

             The case is allowedexparte against the O.Ps.  The O.Ps are jointly and severally liable here in this case.They are directed to refund to the complainant Rs.50,000/- deposited in the A/C. No.No.175/Cmp/7/0044 and Rs.1,50,000/- deposited in the A/c no.175/SPLSB-3/0016 alongwith interest @ 10% per annum on the said deposited sum from 30.1.2012 and 25.6.2012 respectively till the amount is quantified.  The O.Ps are further directed to pay a sum of Rs.25,000/- towards the compensation for mental agony and cost of his litigation.  This order is to be carried out within a period of 30 days from the date of this order.

             Order pronounced in the open court on the 6^th day of March,2023 under the seal and signature of this Commission.          

                                                                                                             Sri Sibananda Mohanty

                                                                                                                  Member

 

                                                                                                                     Sri Debasish Nayak

                                                                                                                         President