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 deposited a sum of Rs. 1,77,600.00 with the opp.parties at their Talcher branch office on 04.01.2013 and a receipt bearing No. 912011820541 was issued in his favour bearing Code No. 2223. The said deposit was to be matured on 04.01.2018, when the opp.parties will be liable to pay an amount of Rs.2,84,160.00 or in shape of gold. 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 15.11.2020 the complaint has sent a legal notice to the opp.parties for refund of the amount due to him within 15 days of receipt of the notice. Opp.party No.2 has sent his reply to the complainant, which was received on 22.12.2020. 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 01.03.2021 .No written statement was filed by the opp.parties. Complainant has filed affidavit evidence where as no evidence has been led by the opp.parties .
4. The complaint petition filed by the complainant on 06.01.2021 is a verified one. It has been executed before the Notary on 06.01.2021. From the compliant petition it is clear that on 04.01.2013 the complainant has deposited an amount of Rs. 1,77,600.00 with the opp.parties and obtained receipt bearing No. 912011820541 having Code No. 2223. The photo copy of the said deposit is available in the case record. From the complaint petition coupled with receipt granted by the opp.parties it is clear that the complainant has deposited an amount of Rs.1,77,600.00 with the opp.parties on 04.01.2013 which is to be matured on 04.01.2018. Admittedly the opp.parties have not paid the entitled amount to the complainant after it has been matured .Nor they have paid the matured amount in shape of gold. It is also clear from the record that legal notices dt. 15.11.2020 were issued to all the opp.parties vide registered post with A.D on 25.11.2020 by the advocate for the complainant. In the said notice the complainant had requested the opp.parties to pay the amount due or the money in shape of gold. Inspite of such notice the opp.parties didn’t pay the amount due to the complainant. Copy of the reply of opp.party No.2 is also available in the case record. In the said letter the opp.party No.1 admitted about the deposit made by the complainant and showed helplessness to pay the matured amount in time but promised to pay as soon as possible, after funds is provided by the company.
5. Hence it is clear from the case record that the complainant has deposited an amount of Rs. 1,77,600.00 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 & 3. All the opp.parties are jointly and severally liable to pay the matured amount to the complainant along with interest @ 9% per annum from 04.01.2018 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.
