Date of filing:- 13/11/2014.
Date of Order:-06/02/2017.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (COURT)
B A R G A R H.
Consumer Complainant No. 32 of 2014.
Lalit Mohan Debta, aged about 56 (fifty six) years, son of Late Nruparaj Debata, Occupation :- Cultivation, resident of village, Jhar, Po. Jhar, under P.s. Sohela Dist. Bargarh.
..... ..... ..... Complainant.
Secretary, Gopabandhu Farmers Service Co-Operative Society, Ghenss, Po. Ghenss, Po. Melchhamunda, Dist. Bargarh Pin-768028.
Branch Manager, Andhra Bank, PB No.10, Hospital Road, Bargarh, At/Po/Dist. Bargarh.
State of Odisha represented through Collector, Bargarh.
..... ..... ..... Opposite Parties.
Counsel for the Parties.
For the Complainant:- Sri S.P.Mahapatra, Advocate with other Advocates.
For the Opposite Party No.1(one):- Sri B. Panda, Advocate with other Advocates.
For the Opposite Party No.2(two):- Sri S.C.Dash, Advocate with other Advocates.
For the Opposite Party No.3(three):- Sri A.N.Mohapatra, Govt. Pleader, Bargarh.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... M e m b e r.
Dt.06/02/2017 -: J U D G E M E N T :-
Presented by Sri P. K. Dash, Member:-
The Complaint pertains to deficiency in service enumerated under the provision of Consumer Protection Act 1986. The gist of the Complaint described here under.
That the Complainant being a farmer is a member of Opposite Party No.1(one) i.e. Gopabandhu Farmers Services Co-operative Society, Ghenss and is having saving bank account bearing No. 003810011201085 in the Opposite Party No.2(two) bank i.e. Bank Manager, Andhra Bank, PB No.10, Hospital Road, Bargarh.
That as per the Government’s declaration of bonus of Rs. 100/-(one hundred) only per quintal of paddy sold through farmers identity card the Complainant is entitled for total of Rs.15,450/- (Rupees fifteen thousand four hundred fifty)only and even after fulfilling all the criteria the bonus amount is not credited in to his account till date for which he has attracted the attention of offices and bank of Opposite Party for several times.
That such acts of Opposite Parties are unlawful, unjust and deprecated constituting the deficiently in service described under the act and the Complainant has prayed the Forum to direct the Opposite Parties to pay to the Complainant the bonus amount of Rs. 15,450/- (Rupees fifteen thousand four hundred fifty)only along with Rs.50,000/-(Rupees fifty thousand)only for mental agony, harassment that he suffered for the acts of Opposite Parties and Rs.10,000/-(Rupees ten thousand)only for litigation expenses.
The Complainant in support of his contention relies upon the Xerox copies of the following documents.
Farmer’s Identity Card vide SL No. 42064 (1 sheet).
First page of members pass book of Gopabandhu Society (1 sheet).
Copy of Pass book retained in Opposite Party No.2 bank (1 sheet).
Being noticed the Opposite Parties appeared through their respective counsels and filed versions of their own denying the allegation of the Complaint.
The Opposite Party No.1(one) in its version contends that the Complainant being a farmer is a member of Opposite Party No.1(one) society but the society is not a service providing unit and the Complainant has not paid any consideration for the alleged service and as such the count lacks Jurisdiction to try the Complaint.
Further the Opposite Party No.1(one) in its version contends that the Complainant has not made any specific allegation against him and other allegation as of the Complaint is denied by him. Further more he assents in his version that he being not a necessary and proper party in this case prayed for dismissal of the Complaint against him.
The Opposite Party No.2(two) in his version contends that the Complainant is an account holder of this Opposite Party bearing account No. 003810011021085 and further, asserts that the dispute is an internal business between them and he is least concerned about the matter in dispute.
Further Opposite party No.2(two) in his version contends that as no bonus amount has been credited into the account of the Complainant either by the Opposite Party No.1(one) or by the Opposite Party No.3(three) he is unable to pay any amount to the Complainant and the Complaint is not maintainable against him so he has sought for the dismissal of the Complaint against him.
The Opposite Party No.3(three) in his version contends that as per the Govt. of Odisha guide line bearing No. 1526 Dt.28/01/2014 a farmer is entitle to get maximum of Rs.10,000/-(Rupees ten thousand)only for paddy sold to the state under the special calamity Assistance Scheme of the Govt. and the special calamity Assistance was to be remitted to the farmer through on line transfer vide guide lines Dt.28/02/2014. Further the Opposite Party No.3(three) in its version contends that the Opposite Party No.3(three) through C.S.O. Bargarh has released the special Calamity Assistance of Rs. 10,000/- (Rupees ten thousand) only which has been credited in to the account of the Complainant on Dt.14/01/2015 and the said fact of disbursement of special calamity Assistant to the account of the Complainant is reported to the Opposite Party No.2(two) by the Opposite Party No.3(three) vide District Manager-Cum-C.S.O's Office letter No. 3254 Dt.11/05/2015. The Opposite Party No.3(three) in his version has made counter allegation that the Complainant is not a consumer under the provision of Consumer Protection Act-1986 and the claim of the Complainant is vague, unfounded and unreasonable and prayed for dismissal of the Complainant against him.
The Opposite Party No.3(three) in support of his contentions relies upon the Xerox copies of the following documents.
Guide Line Dt.28/01/2014 of the Govt of Odisha.(2sheets) (Annexure-A).
Guide Line Dt.28/02/2014 of the Govt of Odisha (3 sheets) Annexure –B).
Computer generated copy of the account of the Complainant (1 sheet) (Annexure-C )
Letter No. 3254 Dt.11/05/2015 of Odisha State Civil supplies Corporation Ltd, Bargarh (1 sheet)
Memo of written argument (Type copy) 2 sheet.
Gone through the case record, heard the pleadings of the parties perused the documents filed in this Complaint and found the fact which are admitted by the parties are as follows :-
Facts Admitted
The Complainant is a member of Opposite Party No.1(one) i.e. service Co-Operatice Society, Ghenss.
The Complainant is a customer of the Opposite Party No.2(two) i.e. Branch Manager, Andhra Bank, Bargarh.
Govt. of Odisha has declared the special calamity Assistance for the loss of crop for the season 2013-14 in Odisha for the natural disaster.
Hence facts which are admitted by the parties need not be probe again.
The points crop up for the decision of the forum are as follows :-
Whether the Complainant is a consumer under the provision of Consumer Protection Act-1986 ?
Whether the Opposite Parties are liable for any deficiency in providing service to the Complainant ?
What relief the Complainant is entitled for ?
As regard the first point it is decided as primafacie the Complainant has been held consumer of the Opposite Parties while admitting the Complaint for adjudication, hence this point needs no probe again.
The guidelines No.1526 Dt.28/01/2014 under the clause-13 although is a provision to release the fund to the farmers through District Collector, here from all the documents available in the case record, it is found that no such fund has been transferred to the Opposite Party No.1(one) for onward disbursement to the farmers and specifically to this present Complainant, hence the Opposite Party No.1(one) is no way liable for any deficiency in providing service to the Complaint and is exempted from all the liability in the Complaint.
As per office letter No.124 Dt.07/01/2015 and letter No. 3254 Dt.11/05/2015 of the District Manager, OSCSC Ltd, Bargarh to Opposite Party No.2 (two) bank, a cheque bearing No.669740 Dt.07/01/2015 for Rs.1,04,730/-(Rupees one lakh four thousand seven hundred thirty)only has been sent for onwards disbursement to 12(twelve) farmers which has been duly acknowledge by the Opposite Party No.2(two) on Dt.08/01/2015. Out of the cheque amount the present Complainant is credited an amount of Rs.10,000/-(Rupees ten thousand)only into his bank account in the Opposite Party No.2 (two) bank, which is the maximum calamity assistance prescribed by the Govt. of Odisha for Kharif 2013-14 on 14/01/2015 which fact is admitted by the Opposite Party No.2 (two) in his endorsement Dt.11/05/2015 on the letter No.3254 Dt.11/05/2015 of the OSCSC, Ltd Bargarh sent to it and from the account statement of the Complainant in the Opposite Party No.2(two) bank for the alleged account, it clearly reveals that the said calamity Assistance for an amount of Rs.10,000/-(Rupees ten thousand) only has been credited into his account. Hence Opposite Party No.3(three) is no way liable for any deficiency in Providing service to the Complainant. But Opposite Party No.2(two) being a banking institution although has credited the calamity assistance amount of Rs.10,000/-(Rupees ten thousand)only into the account of Complainant on Dt.14/01/2015 has in later date with out obtaining the information properly from its own institution filed show cause before the Forum stating there in that as no amount has been credited by the Opposite Party No.1(one) and No.3(three) before Opposite Party No.2(two) bank he is unable to pay any amount to the Complainant. Such carelessness and callous attitude of the Opposite Party No.2(two) bank in regards to the accounts of its customer is condemned by the Forum by its judicial notice and warns the Opposite Party No.2(two) not to repeat the same mistake again but as the amount of Rs.10,000/-(Rupees ten thousand)only under the special calamity assistant is credited by the Opposite Party No.2(two) into the account of the Complainant found no other adverse intention of the Opposite Party No.2(two) towards the Complainant. Hence Opposite Party No.2(two) is also absolved from his liability to the Complainant in this Complaint.
As per the guidelines No. 1526 Dt.28/01/2014 of Govt. of Odisha, FS & CW Department, the maximum amount under the Special Calamity Assistance is Rs.10,000/-(Rupees ten thousand) only and this amount has already been credited into the account of the Complainant on Dt.14/01/2015. Hence the Complainant’s claim of Rs.15,450/-(Rupees fifteen thousand four hundred fifty)only for paddy sold to the Govt. is baseless and not tenable in the eye of law. Hence the Complainant is not entitle for any relief.
Hence the Complaint being devoid of any merit, stand dismissed.
Complaint disposed off accordingly.
Typed to my dictation
and corrected by me.
I agree, (Sri Pradeep Kumar Dash)
M e m b e r.
(Sri Krishna Prasad Mishra)
. P r e s i d e n t.
