Orissa

Cuttak

CC/78/2016

Binayak Behera - Complainant(s)

Versus

Secretary,Harianta Service Cooperative Society - Opp.Party(s)

Self

28 Oct 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                    C.C. No.78/2016

Binayak Behera,

Vill:Andhboti,PO:Sadar Harianta,

Via:Govindpur,Dist:Cuttack.                                                           … Complainant.

 

                Vrs.

 

Secretary,

Harianta Service Cooperative Society,

P.O:Gabasta,Via:Phulnakhara,

Dist:Cuttack.                                                                                             … Opp. Party.

 

 

Present:     Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   18.06.16

Date of Order: 28.10.2016.

 

For the complainant:           Self.

For Opp.Party.           :          Mr. Sarat Ch. Panda,Advocate & Associates.

 

 

Sri Dhruba Charan Barik,President.

                The complainant has filed this case alleging therein deficiency in service on the part of the O.Ps and seeking appropriate reliefs against the O.P. in terms of his prayer in the complaint petition.

1. The facts of the complainant’s case are that the complainant is a marginal farmer belonging to Vill:Andhoti of Barang Block in the District of Cuttack.  He used to supply his paddy to the Cooperative Society of his Gram Panchayat for sale.  The O.Ps happens to be the Secretary of the said Cooperative Society.  On 22.3.16 the complainant had delivered 20 quintals and 65 Kgs of paddy to the said Cooperative Society and accordingly he was entitled to the sale proceeds of Rs.29,116/- @ Rs.1410/- per quintal.  He was also given acknowledgement receipt by the said Society on that very date which has been marked as Annex-1. 
2. It is further alleged that the O.P. handed over the cheque to him for Rs.29,116/- after 12 days of the delivery of his paddy bags in the Cooperative Society.  It was deposited by him in the  State Bank of India,Phulnakhara Branch on 4.4.16 for collection but payment has been delayed for more than 3 months and he was deprived of getting his legitimate dues for which he could not invest that amount in vegetable cultivation and incurred huge loss to the tune of Rs.30,000/-.
3. It is therefore stated that the O.P. is very much liable for the financial loss and mental agony caused to him which is tantamount to deficiency in service and accordingly he has prayed for compensation from the O.P. in the interest of justice.  Annex-2 is the copy of the document showing handing over of the cheque of the complainant and others to the Cuttack Central Cooperative Bank,Rajendra Nagar,Cuttack by the S.B.I,Phulnakhara branch.
4. The O.P. has filed his written version stating interalia that the case is not maintainable.  The complainant has not come to the court in clean hands and he has suppressed the material facts of the case with malafide intention.  There is also non-joinder of necessary parties in this case i.e. Cuttack Central Cooperative Bank,Sadar Branch,IDBI Bank ,College Square Cuttack and State Bank of India,Fulnakhara Branch,Cuttack.
5. It is specifically stated that the above cheque was handed over to the complainant on the very date i.e. 22.3.16 as per the cheque issue register of his Society and it bears the signature of the complainant along with signature of other farmers who had also received their respective cheques. Copy of the said cheque issue register dt.22.3.16 has been filed and marked as Annex-A.  The said cheque was drawn on the S.B Account Bearing No.011062003850 maintained with Cuttack Central Cooperative Bank,Sadar Branch.  Copy of relevant extract of the said account has been filed and marked as Annex-B.  The cheqaue issued to the complainant was received by the Cuttack Central Cooperative Bank,Sadar Branch on 6.4.16 from the banker of the complainant i.e. S.B.I,Fulnakhara Branch for collection.  It was sent by the said Cuttack Central Cooperative Bank to IDBI Bank,College Square,Cuttack on 26.4.16 for National  Electronic Fund Transfer.  The amount under the said cheque was transferred by the I.D.B.I Bank,College Square,Cuttack to S.B.I,Fulnakhara Branch on 9.6.16 and thereafter it was credited to the account of the complainant on the same day.  It is specifically stated that the O.P is in no way responsible for any procedural delay occurred at the level of the bank towards encashment of the said cheque and it was beyond the control of the O.P.
6. The specific stand taken by the O.P is that no documentary proof has been filed by the complainant that he had cultivated vegetables in his land and loss, if any, was sustained by him on account of delay of encashment of his cheque.  There is also no material to prove the quantification of such loss said to have been caused to him.  Accordingly he has prayed that the complaint filed against him is devoid of merit and may be dismissed in the interest of justice.
7. The point for determination in this case is that whether the O.P is found deficient in rendering service to the complainant as alleged in the complaint petition.
8. We have gone through the case record and the respective documents filed on behalf of both the parties.  Annexure-1 is the copy of acknowledgement receipt of the delivery of the paddy by the complainant to the Cooperative Society on 22.3.16.  From Annex-A it is revealed that the cheque bearing No.50818 dt.22.3.16 has been handed over to the complainant by the O.P. and the complainant has also put his signature in the appropriate column acknowledging the receipt of the said cheque.  Annex-A is the copy of the cheque issue register maintained by the O.P.  Other 16 farmers have also been given the cheques according to their entitlement on the same day.  Annex-B is the relevant extract of S.B. Pass Book account of the Cooperative Society on which the cheque was drawn in favour of the complainant.  Annex-2 is the copy of the handing over of different cheques including the cheque issued to the complainant to the Cuttack Central Cooperative Bank,Rajendra Nagar,Cuttack by the S.B.I,Fulnakhara Branch where the complainant has deposited his cheque for collection.  This document has been filed by the complainant himself.  The cheque of the complainant was received by the said Cuttack Central Cooperative Bank on 6.4.16.  After following due procedure as revealed from the written version of the O.P., ultimately payment was made to the complainant by his banker on 9.6.16.  It is evident from the aforesaid document that there has not been any delay on the part of the O.P in handing over the cheque to the complainant as per his entitlement.  It has been rightly argued by the learned advocate for the O.P that any procedural delay at the level of bank transaction for encashment of any cheque, the O.P cannot be held liable and it is beyond the control of the O.P.  It is also found that the complainant has not filed any document to show that he has invested Rs.30,000/- for cultivation of vegetables in his land and he has incurred heavy loss on account of lack of funds at his disposal to improve his cultivation.  No evidence has been adduced by the complainant on this point.
9. In the ultimate analysis, it is held that the complainant has miserably failed to prove that there was deficiency in service in any manner on the part of the O.P for which he is liable to pay compensation.

 

 

 

ORDER 

Prayer of the complainant is therefore found devoid of merit and accordingly it is dismissed.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 28^th     day of October, 2016 under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                         President.

                                                             

 

                                                                                                      (Sri B.N.Tripathy )

                                                                                                                         Member.

 

                                                                                                                (Smt. Sarmistha Nath)

                        Member(W)