DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER  COMPLAINT  CASE NO. 45 OF 2017

Julli Patel,

W/O: Anil Baran Patel,

R/O: Kamakshaya Vihar, Bohidar Nuapali,

Sankarma, Sambalpur,

Dist- Sambalpur, Odisha…………………..…………..………..….…..…..……. Complainant.

                                           Versus 

1. Secretary, Jhirlapali S.C.S.Ltd,

At/Po: Jhirlapali, Via- Kolabira,

Dist:Jharsuguda, Odisha.

2. Branch Manager,

Sambalpur District Co-operative Central Bank Ltd.,

At/PO: Laikera, Dist: Jharsuguda, Odisha.

3. Secretary,

Sambalpur District Co-operative Central Bank Ltd.,

At/PO/Dist: Bargarh, Odisha.

4. Asst. Registrar of Co-operative Societies,

Near Jharsuguda Collectorate,

At/PO/Dist: Jharsuguda, Odisha.

5. Asst. Registrar of Co-operative Societies,

Kuchinda Circle,

At/PO: Kuchinda, Dist: Sambalpur, Odisha........................................... Opp. Parties.

Counsel for the Parties:-

For the Complainant                          Self.

For the Opp. Party No.1 to 3             Shri R.K. Satpathy, Adv. & Associates.

For the Opp. Party No.4 & 5              Self ( Ex-Parte).

Date of Order: 05.07.2017

Present

                                                                                      1. Shri S.L.Behera, President.

                                                                                      2. Shri S.K. Ojha, Member.

                                                                                      3. Smt. A. Nanda, Member (W).

Smt. A. Nanda, Member (W) : - The brief facts of the complaint’s case is that, the complainant had two numbers of fixed deposit in cash Certificate scheme with the O.P.No.1, (Co-operative Mini Bank at Jhirlapali Service Co-operative Society Ltd.) vide certificate No. A009175 / Account No. 497 amounting Rs.42,000/- on dtd. 26.03.2007 having maturity amount of Rs.85,296/- only on dtd. 26.03.2014 and Certificate No. A9176 / Account No. 498 amounting Rs.3,000/- only on dtd. 27.03.2007 have a maturity amount of Rs.6,093/- only on dtd.27.03.2014.  After maturity, both the accounts of the complainant was tried to en-cash the said cash certificates but the O.Ps. refused to provide maturity amount.  The complainant repeatedly requested the O.Ps. many times and also contacted the banking ombudsmen, Bhubaneswar but no result.  The O.Ps. have blocked the saving Bank account of the complainant from the Year-2010, hence this case.  

On service of notices, the O.P.No.1`to 3  appeared and filed Written Version through their counsel jointly.  The O.P.4 & 5 failed to appear and filed written version, hence stand ex-parte. The O.Ps. admitted that the complainant has deposited two numbers of fixed deposits of Rs.42,000/- & Rs.3,000/- only the O.Ps. also admitted that the previous secretary and assistant secretary were involved in misappropriation of funds on which a meeting was organized by ARCS, Kuchinda and B.M SDCC Bank, Laikera Branch to resolve the issue along with zonal office of SDCC Bank wherein a decision was taken in the committee that 60% of the deposit amount shall be refunded to the depositors and accordingly payment was made through cheque.  The balance 40% amount has been kept in suspense account keeping in view the financial crisis of the society.  All the depositors received the 60% of deposited amount but the complainant refused to received. The O.Ps. prayed to drop the case .

Heard from the parties and gone through the case record.  The complainant had deposited two numbers of fixed deposits on Cash Certificate Scheme with Co-operative Mini Bank at Jhirlapali Service Co-operative Society Ltd. ( O.P.No.1) vide certificate No. A009175 / Account No. 497 amounting Rs.42,000/- on dtd. 26.03.2007 having maturity amount of Rs.85,296/- only on dtd. 26.03.2014 and certificate No. A9176 / Account No. 498 amounting Rs.3,000/- only on dtd. 27.03.2007 have a maturity amount of Rs.6,093/- only on dtd.27.03.2014.  After being maturity the complainant while tried to withdraw the maturity amount,  the O.Ps. denied as there was misappropriation of large amount of deposited funds happened by the previous Secretary and Assistant Secretary.  The O.Ps. have organized a meeting and decided to refund 60% of the deposited amount but the complainant refused. The complainant prayed before the Banking ombudsmen at Bhubaneswar but due to lack of jurisdiction the complainant not get any result. 

As the complainant has deposited her money with the O.Ps. and received proper cash certificates with assurance to get maturity amount after maturity then the O.Ps. are bound to pay the same whatever may be there internal problems.  It is the right of complainant to get the maturity amount after its maturity, hence we are in considered opinion to allow the complaint petition with the following directions to the O.Ps. as follows;-    

ORDER

The O.P. No.1 is hereby directed to refund Rs. 85,296/- ( Rupees Eighty five thousand two hundred ninety six) only and Rs.6,093/- ( Rupees six thousand ninety three) only towards the maturity amount along with pay a sum of Rs. 10,000/- ( Rupees ten thousand) only towards harassment, mental agony including litigation costs within 30(thirty) days from the date of receipt of this order, failing which the O.P.No.1 shall be liable to pay interest @ 12% per annum till realization..

Accordingly the case is disposed of.

Order pronounced in the open court today the 05^th day of July’ 2017 and copy of this order shall be supplied to the parties as per rule. 

                                      I Agree.                                     I Agree                                                                                                           

                                    S.K.Ojha, Member         S.L.Behera, President                     A.Nanda, Member (W)

                                 Dictated and corrected by me

                                           A.Nanda, Member(W)