Orissa

Cuttak

CC/85/2020

Beenapani Moharana - Complainant(s)

Versus

Regional Manager,Indian Overseas Bank - Opp.Party(s)

K K Dash & associates

15 Sep 2022

ORDER

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

C.C.No.85/2020

Binapani Moharana,

W/O:Late Raghunath Moharana,

At present C/o.Braja Kishore Moharana,

At/PO:Mangalabag,Dist:Cuttack-753001,

Permanent of At/PO:Sukinda,Dist:Jajpur.                         ... Complainant.

 

                                                Vrs.

1.       The Regional Manager,

                            Indian Overseas Bank,

                            B/2,First Floor,Near Indian Ovedrseas Bank ATM,

                            West Sahid Nagar,Bhubaneswar,Odisha-751007.

 

2.          The Branch Manager,

Indian Overseas Ban,Mangalpur Branch,

At/PO:Mangalpur,Dist:Jajpur.                                  ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    28.10.2020

Date of Order:   15.09.2022

 

For the complainant:          Mr. K.K.Dash,Adv. & Associates.

For the O.Ps               :          Mr. A.Mohanty,Adv. & Associates.

 

Sri Debasish Nayak,President                                         

            Case of the complainant as made out from the complaint petition in short is that she had certain fixed deposits amounting to Rs.1,00,000/- which were freezed as per the direction of the Hon’ble Court since because the complainant was an accused for committing offence U/S-13(2) read with Sec-13(1) of Prevention of Corruption Act in Vigilance Case no.51 of 1997 relating to TRNo.40/38/2012/2007.  After being acquitted as per the judgment dt.19.12.13 and even if the prosecution had preferred appeal, the said appeal was dismissed.  Thereafter, the complainant has filed the misc. case bearing no.33 of 1997 before the learned CJM,Cuttack seeking for release of cash to the tune of Rs.65,200/- which was released after execution of one indemnity bond to the tune of Rs.1,00,000/-.  The complainant had tried to release of the fixed deposit at Indian Overseas Bank,Mangalpur of Jajpur to the tune of Rs.1,00,000/- vide certificate no.SFD AC/5/94-FDR No.88/DR/A 212208/5/94, Ledger Folio no.10.  The complainant has thus filed this case seeking release of the said fixed deposit amount of Rs.1,10,000/- alongwith interest thereon @ `12% per annum with effect from 12.12.1995 till the total amount is quantified and has further claimed an amount of Rs.30,00,000/-  towards mental agony and harassment.  She has also prayed for any other reliefs as deemed fit and proper.

            The complainant has filed certain copies of document to prove her case.

2.         The O.Ps however contested this case and have filed their written version wherein they have urged that the case is not maintainable, it is barred by law of limitation and is liable to be dismissed, that the complainant has not approached with clean hands and that she has suppressed material facts and there was no deficiency as alleged by the complainant.  The O.Ps admit about the fixed deposit of the complainant to the tune of Rs.1,00,000/- which was renewed for further period of 24 months after its maturity but could not be renewed further  due to lack of original F.D. certificate and instructions.  The said fixed deposit certificate of the complainant was seized by the Vigilance Officer during course of investigation of the case but the original certificate is not being produced by the complainant for its renewal or return.  The O.Ps had no knowledge as regards to the vigilance proceeding against the complainant and were not also intimated by anyone.  The O.Ps admit that the Director, Vigilance on 10.1.20 had directed them to freeze the fixed deposit of Rs.1,00,000/- which was in favour of the complainant with them.  Thus, the O.Ps have prayed to dismiss the case of the complainant.

3.         Keeping in mind the averments as made in the complaint petition together with the contents of the written version of the O.Ps, this Commission is of a view to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable ?

            ii.         Whether there was any deficiency in service on the part of O.Ps ?

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

            The complainant has filed her evidence on affidavit wherein she has reiterated her averments as made in her complaint petition.

Issue no.ii.

            Out of the three issues, issue no.ii being a pertinent one is taken up first for consideration here in this case.

            Admittedly there is one fixed deposit amount of Rs.1,00,000/- belonging to the complainant with the O.Ps.  After maturity of the first term period the O.Ps had renewed the said fixed deposit for further 24 months but thereafter as there was no advice and due to non-production of the original fixed deposit certificate they had not renewed the same.  Admittedly, the complainant was entangled in a vigilance case for which the said fixed deposit amount was freezed by the O.Ps on the direction of the Vigilance Authorities.  It is also not in dispute that the complainant was facing trial before the learned CJM,Cuttack where she was acquitted and her cash seizure to the tune of Rs.65,200/- was released in her favour after disposal of the appeal and the complainant had obtained the said cash by executing one indemnity bond to the tune of Rs.1,00,000/-.  The complainant has not mentioned as to what had restrained her in filing petition before the learned CJM,Cuttack for release of her fixed deposit amount even if she urges that the appeal as preferred by the Govt. against the order of the learned CJM,Cuttack was disposed of.  Admittedly, the fixed deposit of Rs.1,00,000/- was freezed by the O.Ps as per the direction of the Vigilance Authorities.  It is not understood as to when the complainant urges that the appeal was disposed of what prevented her in not filing for release of the said certificate at the appropriate Forum where by virtue of the order of the learned court the same was taken into account being seized.  Thus, this Commission finds no deficiency in service on the part of the O.Ps here in  this case.  Accordingly, this issue is answered.

Issues no.i & iii.

            From the discussions above, when the complainant herself admits that due to the vigilance case, the fixed deposit of Rs.1,00,000/- was freezed by the O.Ps as per the direction of the Vigilance Authorities and that she got acquitted in the said vigilance case and that even though the Govt. had preferred appeal, the same was disposed of , it is not understood as to why the complainant had not moved the appropriate Forum for release of her fixed deposit amount when she admits to have got back the seized cash of Rs.65,200/- in her favour after executing one indemnity bond of Rs.1,00,000/-.  Thus, the case as filed by the complainant is amidst a shadow of doubt and this Commission suspects the approach of the complainant here who undoubtedly has not come with clean hands and is also suppressing some material facts.  This Commission is therefore of a view that the case of the complainant is not maintainable and she is not entitled to the reliefs as claimed by her.  Hence it is so ordered;

                                                                        ORDER

            The case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 15^th day of   September,2022 under the seal and signature of this Commission.           

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                                                                                                                                                            Sri Sibananda Mohanty

                                                                                                                                                 Member