SRI NAYANANANDA DASH,MEMBER:-
Deficiency in service in respect of non-disbursement of complainant’s deposited amount under Recurring Deposit Scheme with OP-Co.Operative Ltd. are the allegations arrayed against Ops.
2. Complaint, in brief reveals that complainant being impressed on the representation made by Sanchayika Credit Co-Operative Ltd.,opened a Bhagyashree recurring deposit bearing A/C No.144 on dtd.15.03.2012 went on deposit rs.2000/- per month till dtd.11.07.2014 with a total deposited amount of rs.56,000/-. It was assured by the OP-Co.Operative Ltd. to pay 15 per cent interest per annum on the deposited amount. As no officials of Ops available in the office after the month of July,2014, the complainant could not deposit the further amount. The OP No.1 & 2 assured the complainant to get the maturity amount after dtd.15.03.2015. When complainant met the officials of Ops at the branch office located at Baniamal,Kendrapara to withdraw the deposited amount the OPs did not allow the complainant to withdraw the amount. Being harassed complainant issued an Advocate’s notice by regd. post with AD on dtd.12.09.2015 to realize his deposited amount. But the Advocate’s notice went unnoticed by OP No.1 & 2. According to complainant such non-disbursement of deposited amount is deficiency in service on part of Ops and complaint is filed with prayer to get back his deposited amount Rs.56,000/- alongwith compensation of Rs.20,000/- and cost of litigation. Ex.President, Sanchayika Credit Co.Operative Ltd. though appeared into the case through his Counsel but did not file any written statement in his defence, hence set ex-parte by this Forum vide Order No.19 dtd.03.03.17. Though notice was served to OP No.1, Manager,Sanchayika Credit Co-operative Ltd. ‘twice’ in different addresses given by complainant, buyt the Regd. notice returned, with postal remarks ‘lock up since long’. The 2nd ‘notice’ was issued to one Manmohan Mohapatra, Branch Manager,Sanchayika Credit Co-Operative Ltd.,Khasapaida, Thgakurpatna,Kendrapara the address given by the complainant. On receipt of notice said Manmohan Patra,appeared and filed a written reply that, he has never acted as Branch Manager of OP-Society and is no way related to the dispute, on the acknowledgement of the written reply by the complainant, said Manmohan patra was exempted from the proceeding. Further, as the complainant expressed her inability to produce the address of the OP No.1 and submitted to ‘delete’ him from the proceeding. Considering the submission of complainant OP No.1 was deleted from the proceeding and the present dispute proceeds with OP-Agent(OP No.2) and Sukanta Satpathy(OP No.3).
The only contesting OP in the dispute is Sumanta Parida(Agent) of OP-Co.Op Ltd who filed the written statement by stating that, he was entrusted to collect the amount which was deposited with OP-Co.Operative Ltd. and received by Branch Manager, and then returned the Pass book to the Account-holder. OP No.3 further states that, he is not a part of the OP-Society Ltd. and left the Organization since 1 & ½ year, and the allegations against OP-Society Ltd., the Manager and President is responsible for the same and he has neither signed in any pass book or official record, and prays this Forum to dismiss the allegation against him.
4. Heard the complainant and case of OP No.2, agent on merit and ex-parte hearing against OP No.3, Sukanta Satpathy,Ex.President OP-Co.OP. Society Ltd., Complainant to substantiate her case filed attested Xerox copy of recurring pass book deposit and attested copy of Advocate’s notice with postal receipts. It is evident from the R/D pass book that complainant being an account holder had deposited Rs.56,000/- up to dtd.11.07.14, thereafter no deposit has been entered in the said pass book. The Account number of pass book is 144 and issued on dtd.15.03.2012 due on dtd.15.03.15 with a monthly installment of Rs.2000/-. Nothing is revealed from the said pass book regarding rate of interest payable to the depositor in the said scheme. The case in hand, it appears that OP No.2 is an agent of OP-Society, who has no role to play in administration of the society and dealing of financial matters. It is the oP No.3 Sukanta Satpathy,Ex.President, Sanchayika credit Co.Op.Society Ltd. who is accountable and responsible before the Account holders to manage the funds and refund of the money deposited with interest to its account holders. As the present proceeding is almost non-rebuttal in nature, we have no legal options, but to admit the version of the complainant-account holder alongwith the available evidence. It is clear from the copy of the pass book which is issued by OP-Society Ltd. that complainant has deposited a total amount of Rs.56,000/-(Rupees Fifty Six thousand)only till July,2014. The fact appears from the complaint petition and Advocate’s notice that in the said Bhagyashree Recurring deposit scheme, complainant-account holder is entitled to receive 15 per cent interest per annum in the deposited amount. As there is no specific allegation against OP No.2 against, we freed OP No.2 from the allegations.
Accordingly, it is directed that OP-Sukanta Satpahaty, ex-President OP-Society Ltd. will release Rs.56,000/-(Rupees Fifty six thousand)only with 15 per cent interest per annu8m calculating from dtd.11.07.2014 to till realization of the amount on obtaining receipt of the withdrawal amount from the complainant-Account holder. The order is to be carried out within one month of receipt of this order, failing which action will be initiated against the OP-Sukanta Satpathy as per provisions of C.P.Act,1986.
Complaint is allowed in part against OP No.3 Sukanta Satpathy on ex-parte.
Pronounced in the open Court, this 10th day of May, 2017.
