Orissa

Jajapur

CC/19/2017

Hemanta Kumar Behera - Complainant(s)

Versus

Pramaod Kumar Panda - Opp.Party(s)

Sri Alok Kumar Pani.

03 Jul 2017

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray,Lady Member.

                                                    Dated the  3rd day of July,2017.

                                                             C.C.Case No.19 of 2017

Hemanta kumar Behera   S/O Balaram Behera

Vill.-  Sitaleswar  ,P.S/Dist.-Jajpur.

                                                                                                                         ……....Complainant .                                                                      

                   (Versus)

Promod Kumar Panda,S/O Late Parameswar Panda

At/P.O. Rahasoi, Dist. Jajpur.

                                                                                                                            ……………..Opp.Party. 

                

For the Complainant:                         Sri A.K.Pani, Advocate .

For the OPP.Party :                             None.     

                                                                                                     

                                                                                                            Date of order:  03.07.2017. 

MISS SMITA RAY  , LADY  MEMBER .   

            The petitioner has filed the above cited dispute against the O.Ps alleging deficiency of service since the O.P issued a cheque bearing No.010889 dt.16.11.16 of AXIX Bank, Jajpur Town Branch amounting to Rs. 1,07,000/- which has been dishonored  due to insufficient of funds in the A/C of the O.P .

            That the facts briefly is that the petitioner and the O.P having friendly relationship, the O.P borrowed / availed a hand loan of Rs,1,07,000/- from the petitioner for the personal requirement of O.P..As against such loan the O.P has issued a cheque in favour of the petitioner bearing No.010889 dt.16.11.16 of AXIX Bank . Subsequently due to non payment of loan in time . The petitioner presented the above cited cheque at the Axix Bank, Jajpur Town Branch but the said cheque WAS returned by the Bank with a memo indicating as insufficient  funds vide S.L No.15 of the memo . In such situation the petitioner requested the O.P through legal notice dt.08.02.17 to pay the loan amount .The O.P after receipt of the legal notice remained silent without taking any step to repay the loan amount.

            Accordingly finding no other alternative the petitioner has filed the present dispute with prayer to direct the O.P to pay Rs.1,07,000/- towards the cheque amount and also direct to pay interest at the rate of 10% per annum from dt.07.02.2017 along with compensation of Rs.20,000/- towards mental agony.

            The notice of the present dispute which was  dispatched through regd. Post by this Fora  returned back with the  postal remark “ refused ”  .Accordingly it was presumed that the notice was sufficient on the O.P/respondent . Thereafter the O.P/ respondent neither appeared nor contested the dispute by filing  any written version, though  several opportunity  was given by this Fora . Hence the O.P was set-exparte dt.12.06.17 .

             On the date of hearing we heard the argument from the side of the learned advocate for the petitioner. Perused the record along with annexed documents citations as well as affidavit filed from the side of the petitioner and we came to the conclusion as follows :

1.It is cristal clear that the O.P /respondent issued a cheque bearing No.010889 dt.16.11.16 on  AXIX Bank ,Jajpur Town to  the petitioner for repayment of the hand loan  taken by him.

2.That the said cheque was presented by the petitioner in AXIX Bank, Jajpur Town Branch for collection of the amount which was returned /dishonored by the said bank with an endorsement in the memo  as in sufficient of funds  .

3.It is also clear fact  that  after dishonor the above cheque the petitioner has sent a legal notice to the O.P which was received by the  O.P as per acknowledgment of the postal department .But after receipt of the notice the O.P remained silent on the matter which is also deficiency in service in view of the observation of the Hon’ble National commission reported in 2013(1) CPR-456-NC,wherein it is held that:

            “Non reply of legal  notice may  draw adverse inference “.     

4.It is also the fact that  the petitioner is a consumer as defined under the provision of the C.P. Act.     

            On the other hand the O.P/ respondent neither replied  the legal notice nor contested the dispute  and cleverly avoided to receive the summon which was  dispatched by R.P with A.D by this Fora . Accordingly we unanimously  to  accept the uncontroverted statement made by  the petitioner  in the complaint petition. In view of the  observation of the Hon’ble Odisha State Commission reported in 2003-CLT-vol-96-p-15,C.D.Case No.37/02, wherein it is held that;

“ In absence of written version by the O.P, the commission is bound to accept the uncontroverted statement of the complaint petition.”

And

2013(1)CPR-507-NC,wherein it is held that :

            “ In case written version not filed after several opportunity, it has no defence on merit”.

Hence this Order

            The dispute is allowed against the O.P  as  exparte in view  of the observation of Hon’ble State Commission A.P reported in III(2003) CPJ-360,(A.P) . The O.P  is directed to pay Rs.1,07,000/- towards the cheque amount along with 9% interest from the date of filing of the present dispute till its realization . We also allow Rs.10,000( ten thousand ) as compensation which will be paid by the O.P to the petitioner. The above direction shall be complied within one month after receipt of the order, failing which the petitioner is at liberty to initiate the  proceeding U/S 25 & 27 of C.P.Act 1986 for realization of the awarded amount . No cost.              

This order is pronounced in the open Forum on this the 3rd day of July,2017. under my hand and seal of the Forum.