Sri S.K.Sahoo,President.
This is a petition filed by the complainant U/s. 35 of Consumer Protection Act, 2019.
2. The case of the complainant is that he has opened three accounts bearing No. 22237201792,2237201793 and 22237201794 and deposited 18 months fixed a sum of Rs. 20,868.00, 16,000.00 & Rs.17,818.00 with the opp.parties at their Talcher branch office on 11.06.2018 bearing Code No. 2223. The said deposits were to be matured on 11.12.2019, when the opp.parties will be liable to pay the maturity amounts with interest . After maturity of the said deposit the complainant approached the opp.parties in several occasions but they didn’t pay any heed towards his request. On 18.06.2022 the complaint has sent a legal notice to the opp.parties for refund of the amount due to her within 15 days of receipt of the notice. Inspite of such notice issued to the opp.parties the complainant has not yet received back the money due by him from opp.parties. Hence this complaint.
3. Notices were issued to all the opp.parties through R.P with A.D on 07.10.2022. Opp.party No.1 did not appear inspite of notice. Opp.party No.2 entered his appearance on 29.10.2022 .No written statement was filed by the opp.parties .
However the Learned Counsel for the opp.party No.1 challenged the maintainability of the proceeding before this Commission by relying a decision reported in 2013 STPL 18436 NC passed by the National Consumer Disputes Redressal Commission,New Delhi in Anjana Abraham Vrs Koothattukulam Farmers Service Co-iperative Bank Ltd. On the other hand the learned counsel for the complainant relied on decision passed by the Learned State Consumer Disputes Redressal Commission, Chandigarh in Ram Kanwar Vrs. Sahara India Pariwar Pvt. Ltd. on 28.09.2021, the judgement passed by the Hon’ble Supreme Court in Civil Appeal No. 64 of 2010 Virender Jain Vrs. Alaknanda Cooperative Group Housing Society Ltd. & others, Civil Appeal No. 92 of 1998, The Secretary, Thirumurugan Co-operative Agricultural Credit Society Vrs. M.Lalitha (dead) through LRs. & Others and submitted that the complainant is a consumer and the present proceeding is maintainable before this Commission. On perusal of the judgement relied on by both the parties it is clear that the complainant is a consumer and present proceeding is maintainable before this Commission.
4. The complaint petition filed by the complainant on 23.08.2022 is a verified one. It has been executed before the Notary on 23.08.2022. From the compliant petition it is clear that on 11.06..2018 the complainant has deposited an amount of Rs. 20,868.00, 16,000.00 & Rs.17,818.00 with the opp.parties and obtained receipt Certificate No. 787001439956, 787001439957 & 787001439958. The photo copy of the said deposits are available in the case record. From the complaint petition coupled with certificates granted by the opp.parties it is clear that the complainant has deposited an amount of Rs. 20,868.00, 16,000.00 & Rs.17,818.00 with the opp.parties on 11.06.2018 which are to be matured on 11.12.2019. Admittedly the opp.parties have not paid the entitled amount to the complainant after it has been matured . It is also clear from the record that legal notices dt. 18.06.2022 were issued to all the opp.parties vide registered post with A.D on 21.06.2022 by the advocate for the complainant. In the said notice the complainant had requested the opp.parties to pay the amount due within 15 days of receipt of the notice . Inspite of receipt of such notice neither the opp.parties paid the amount due nor responded to the complainant .
5. Hence it is clear from the materials on record that the complainant has deposited an amount of Rs. 20,868.00, 16,000.00 & Rs.17,818.00 with the opp.parties and the opp.parties are jointly and severally liable for payment of the matured amount along with interest to the complainant.
6. Hence order :-
: O R D E R :
The case be and same is allowed on contest against opp.party No.2 and exparte against opp.party No.1. All the opp.parties are jointly and severally liable to pay the matured amount to the complainant along with interest @ 9% per annum from 11.12.2019 until payment is made. The opp.parties are further directed to pay an amount of Rs. 15,000.00 (Rupees Fifteen Thousand) only as compensation and Rs. 5,000.00 (Rupees Five Thousand) only towards cost of litigation to the complainant.
The opp.parties are directed to comply the order within one month from the date of receipt of the order, failing which they are liable to pay interest @ 16% per annum on the amount entitled by the complainant by this order.