Orissa

Rayagada

CC/28/2014

Pushpanjali Ratnalu - Complainant(s)

Versus

Prabhakar Singh - Opp.Party(s)

K.A. Ramachandram

22 Nov 2014

ORDER

DISTRICT   CONSUMER  DISPUTES  REDRESSAL FORUM, RAYAGADA,

AT:  KASTURI NAGAR, Ist.  LANE,   L.I.C. OFFICE     BACK,PO/DIST: RAYAGADA, STATE:  ODISHA,

PIN NO.765001, PHONE/FAX NO.06856-223025.

....

C.C. Case No.28/ 2014.

 

P R E S E N T .

Sri Pradeep Kumar Dash, LL.B                                     President

                 AND

Smt. Ch. Nirmala Kumari Raju, LLB                             Member 

Smt. Pushpanjali Ratnalu, D/o: Late: Govinda Ratnalu, Secretary/Treasurer of the Organization MAA DHARANI ADVASI MAHILA MAHA SINGH, Regd/ Office at: Papadambu, Po: Kambhardhamuni, Bissam Cuttack,                                                                                                                                                                                                  ………..Complainant

Vrs

1. Mr. Prabhakar Singh, Teacher and Now Working as Cluster Research Coordinator under the District Education, Officer, Balipada, and Working under the B.R.C., Daringibadi block. Dist: Kandhamal.                                                                                                                                                                          ……..….Opp.Parties

For the Complainants: In Person        

For the O.P :- Sri Kishore Kumar Sahu & Associates Advocate, Rayagada

 

     JUDGMENT

 1.           The facts of the case in brief is that the complainant being a registered society the District the supply & marketing society working with the office of D.R.D.A. Rayagada has agreed to release revolving fund support to the complainant. His fund will be treated as loan and the complainant society is to repay the same with simple interest at 8% per annum as per the order of the ORMAS the Head office of DSMS, and Rayagada. the opp party has made an oral agreement with the persons of the complainat,s organization and agreed to supply kanduol for the purpose of supply to the Mid-Day meal programme and give his Bank account No.11717526370 of SBI, Brahmunigaon and believing the version of the O.P the complainant person used to remit the money to his account for the said purpose and the said purpose and the total amount remitted in different dates is Rs.5,50,000/- and the OP has acknowledged the said amount and also withdrawn the said amount but he has not supply the kandulu to the complainant society, on 01.10.2011 the complainant issued a letter to the op demanding repayment of the money but the op asked for some time and in the meantime has been promoted to present post and now he is working there, now the district supply and marketing society has issued a legal notice to the complainant for refund of the amount taken as loan and failing which legal action will follow against the complainant society. Due to the inaction of the op in supplying the kandulu and for

                                                                                       2

 

not returning the amount the complainant society has suffered a lot and serveral times the complainant met the op but he asked for time and extending the matter and he has intended to cheat the complainant society. Hence prayed before the forum to direct the op to refund the amount of Rs.5,50,000/- with interest @ 8% per annum and award compensation of Rs.1,00,000/- for mental agony and cost of litigation and such other relief as the forum deem fit and proper. Hence this complaint.

 

2.         on being noticed, the ops appeared through their advocate and filed written version inter alia denying their petition allegations on all its material particulars. It is submitted by the op that there was no such oral agreement by the op with that of the complainant and no such amount was deposited in the account of the opp.party by the petitioner and the petitioner had got no such relevant documents regarding payment of such amount to the opp.party buy collected the deposit dates by influencing the Branch Manager of the state Bank of India. The amount deposited by Sri A.K. Bha in their personal capacity and the said deposits are not related to the complainat-Mahila Maha Sangha. The complaint petition has been false instituted before this forum without having any agreement and also without paying any amount to the op and blindly noted some entries in the saving Bank account of the opp.party wihout any relevance to that of the complainant Mahila Maha Sangha for which it is humbly submitted that the complaint petition may be dismissed with costs.

 

 

 

           

                                                                              FINDINGS

                        It is noticed that the op has made a written agreement with the complainant on 31.01.2010 to supply the kandulu from time to time for the purpose. It is also noticed that from time from time to time he has received the amount through his bank account and the deposit particulars also filed in the case record as such the please taken by the op is only to avoid the payment and to cause financial hardship to the complainant which is an organization for the economic development of the rural female populace and as such has to restore the same to the complainant in full with bank rate of interest. Since the payment to the op is fully established by producing the deposit receipt before the forum and as such he cannot deny the receipt of the amount he has not produced any receipt obtained from the complainat that he has delivered the kandulu to them for the full value. Hence, for misappropriation of the said amount the OP is also liable for Criminal Prosecution U/s 409.IPC. hence, in view of the provisions laid down under Section 70 Note B of the contract Act, the Op is to restore the said benefit illegally received by him. Hence the order.

 

 

 

 

 

3

 

                                                                      ORDER

                        The op is directed to refund the deposited amount of Rs.5,50,000/- with 9% interest to the complainant society and he is further directed to pay compensation of Rs.10,000/- for harassment and mental agony and litigation cost of Rs.1000/- to the complainant within thirty days of this order failing which penal interest @ 12% per annum will carry on the above awarded amount till its realization and the complainant is at liberty to execute the order as provided U/s 25 and 27 of the C.P. Act and they can also prosecute the OP for misappropriation of the amount received by him from time to time.

 

 

                        Pronounced in open forum today on this 29^th day of December,2014 under the seal and signature of this forum.

 

                        Supply the copy of order to the parities  free of cost.

 

Member                                                                                                                       President