Sri S.K.Sahoo,President.
This is a petition filed by the complainant U/s. 35 of C.P.Act, 2019 .
2. The case of the complainant is that he is a permanent resident of Vill- Badakantakul of Angul district . The opp.party is carrying its business at Angul, having its head office at Bhopal. On 14.08.2018 the complainant has contributed a sum of Rs. 11050.00 and after accepting the same the opp.party has issued money receipt vide No. 034027150280 .A certificate was also issued by the opp.party in favour complainant bearing No. 467001909289 and his membership number is 91253800468 .It is also mentioned in the certificate that the member shall have the liberty to redeem the amount after completion of 36 months from the date of deposit and the said amount is Rs.24,034.00 after completion of 36 months. On 14.08.2011 the complainant approached the opp.party to pay the maturity amount but instead of payment the opp.party misbehaved the complainant. The opp.party failed to keep the promise and cheated the complainant. The complainant could not able to provide higher education to his only daughter after completion of High School Certificate Examination. A legal notice was issued to the opp.party through Regd.post with A.D. The complaint is of BPL category . Inspite of such legal notice the opp.parties did not turn up to repay the matured amount. Hence this case.
3. Notice was issued to the opp.party through Regd. Post with A.D on 21.11.2022 and the A.D is back after proper service on the opp.party. Inspite of receipt of notice the opp.party did not file his written statement.
4. On the other hand on 11.01.2023 the Learned counsel Sri D.K.Pani and others appeared on behalf of opp.party and filed a petition , challenging the maintainability of the present proceeding before this Commission. As the said petition was filed at the time of hearing , order was passed to decide the said issue of maintainability along with other issues.
5. The petition filed by the complaint is supported with affidavit. In his complaint petition the complainant has mentioned that he has contributed a sum of Rs. 11,050.00 to the opp.party and accordingly a certificate has been issued in his favour. In the said certificate it has been clearly mentioned that the member i.e the complainant is free to redeem his accumulated joining point after expiry of 36 months from the date of joining based on conversion rate in the form of cash/cash equivalent service as may be decided by the Board of Directors depending on the performance of the society from time to time will be notified .On full utilisation of products services and various other factors member can further accumulate maximum upto 240 joining points, which could be approximately amount to Rs.24034.00 as per table of point ( not legible ) .
The photo copy of the certificate has been filed by the complainant. It stands in the name of complainant. It is also clear from the said certificate that the complainant has contributed Rs.11050.00 under SUPER BB scheme of “Saharayan Universal Multipurpose Society Ltd”. However it further appears from the certificate that the complainant has been enrolled as a member with 143 joining point. There is no clear evidence that the complainant has deposited the amount with opp.party and he is entitled to Rs.24,034.00 after 36 months . However it is clear from the said certificate that the complaint being a member is free to redeem his accumulate joining point after expiry of 36 months from the date of joining based on conversion rate in form of cash. The amount entitled by the complaint is to be decided by the Board of Director , depending on the performance of the society from time will be notified. The complainant has not able to produce any document regarding the performance of the society and the notification if any by the opp.party. He has also failed to produce any decision of the Board of Director. It is clear from the certificate issued in favour of the complainant that on full utilisation of the product/ services and various other factors a member can further accumulate maximum upto 240 joining point which could be approximately amount of Rs.24,034.00 . No evidence has been produced by the complaint that he has accumulated 240 joining points. So the claim of the complainant that he is entitled to Rs. 24,034.00 is not based on evidence. However he is free to redeem his accumulate joining point after expiry of 36 months from the date of his joining .It is clear that he has been enrolled with 143 joining point by deposit of Rs.11,050.00.
6. From the complaint petition it is clear that the complainant approached the opp.party for deposited amount along with interest after expiry of 36 months . It is also clear that a pleader notice was issued by the Learned Counsel Sri Ajay Ku. Dhalbisoi through Regd. Post with A.D.As the letter issued to the opp.party by the Learned Counsel has not returned to him, it is presumed that it has been served on the opp.party. Inspite of such notice the opp.party did not pay the claim amount to the complainant. The complainant has deposited an amount of Rs. 11,050.00 with the opp.party and the opp.party failed to return the same along with interest or other benefits to the complainant after 36 months , there is deficiency in service.
7. Hence ordered :-
: O R D E R :
The case be and same is allowed in part on contest against opp.party. The opp.party is directed to pay an amount of Rs.11,050.00 (Rupees Eleven Thousand Fifty) only along with interest @ 12% p.a from the date of deposit i.e 14.08.2018 till it has been paid to the complainant. The opp.party are also directed to pay an amount of Rs. 15,000.00 (Rupees Fifteen Thousand)only as compensation and Rs.5000.00 (Rupees Five Thousand) only towards litigation expenses. The opp.parties are further directed to comply the order within a period of one month of receipt of this order, failing which they are liable to pay penal interest @ 16% per annum, on the amount to be paid to the complainant.
