Orissa

Cuttak

CC/19/2022

Hrusikesh Sahoo - Complainant(s)

Versus

Secretary,Revenue &DIsaster Management,State of Odisha - Opp.Party(s)

K K Jena & associates

20 May 2023

ORDER

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

 

C.C.No.19/2022

 

Hrushikesh Sahoo,

S/O:Gadadhar Sahoo,

Vill:Ramgarh,P.O:Kotsahi,

P.S:Tangi,Dist:Cuttack.                                                                 ... Complainant.

 

                                                                Vrs.

1. State of Orissa represented by its secretary,

Revenue & Disaster Management,

                       At/Po-Bhubaneswar,Dist-Khurda

 

            2.The Collector,Cuttack,

                   At/Po-Chandinichowk,PS-Lalbag,

                   Town/Dist-Cuttack-753002

        3.The Land Acquisition Officer(Civil),

                    At/Po-Chandinichowk,PS-Lalbag,

                         Town/Dist-Cuttack-753002

 

4. Bandhan Bank Ltd. represented by its

Branch Manager,Puducherry Branch,

315,MMA Salai,Nellithopu,

                                Puducherrty-600005

 

5. Bandhan Bank Ltd. represented by its

Manager,Cuttack Branch,1^st Floor,

Omkar Building,Near Chandi Temple,

ICICI Bank Complex,

Chandi Road,Cuttack-753001.                                   … Opp. Parties.

 

Present:               Sri Debasish Nayak,President.

                                                Sri Sibananda Mohanty,Member.

 

               Date of filing:     01.02.2022

Date of Order:    20.05.2023

 

For the complainants:          Mr. K.K.Jena,Adv. & Associates.

For the O.Ps                :                 None.

 

 

 

            .

Sri Sibananda Mohanty,Member.                              

          The case of the complainant in short is that the State Govt. acquired the land in Mouza Kaerapari, Khata no.103,Plot No.93,Chaka No.63, area Ac.0.215 dec. out of the total  area of Ac.0.66 for construction of Tangi-Haripur Road, Railway Overbridge, which was recorded in the name of the complainant alongwith his co-sharers.  The co-sharers are his brother Jagannath Sahoo, and three sisters namely, Mirabati Sahoo,Durgabati Sandha and Sulochana Sahoo.  The complainant alongwith his co-sharers were entitled to a sum of Rs.66,24,926/- towards the compensation amount under “The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act,2013”.  It is stated by the complainant that as per the instruction of O.P no.3, all the co-sharers executed authorisation in his favour to receive the compensation amount on their behalf as the ROR was recorded jointly.  Accordingly, the complainant received entire compensation amount of Rs..66,24,926/-.  Each co-sharer is entitled to receive Rs.13,24,985.20p as his/her share towards the compensation amount.  The further case of the complainant is that as per the instructions from his co-sharers he transferred the share of his brother Jagannath Sahoo a sum of Rs.13,25,000/- to his S.B. Account No.10393952934 on 15.2.21, transferred the share of his sister, Dugabati Sandha to the S B.Account of her daughter namely Puspamitra Sahoo a sum of Rs.13,25,000/- having S.B.Account No.31732485787 of Tangi Branch,Cuttack on 15.2.2-021.  Another sister of the complainant, Shradhanjali Parida only had received Rs.5,00,000/- on 5.6.21 through her Bank namely Bank of Baroda,Tangi Branch,Cuttack having Account No.8070010007271 and the rest amount of her share to be paid at a later date as per her instruction.  The co-sharer namely Mirabati Sahoo had no bank account for which her share could not be transferred in her name and the said amount is with the complainant for payment of the same to her.  It is the further case of the complainant that on 4.5.21 he received a letter from the O.P no.3 for refund of Rs.23,70,794/- to the O.P.no. 3 on the ground that A.G.Audit report pointed out that the aforesaid payment of compensation amount was found to be excess payment to him.  The O.P no.3 also had written a letter on 15.7.21 to O.P no.4 not to allow the complainant to withdraw any amount from his Account No.50170011845730 and to pay Rs.23,70,794/- from the said account to the current account of the State Govt.  The O.P no.3 again on 19.7.21 advised the O.P no.4 to mark lien and to freeze all the accounts of the complainant i.e. S.B.Account,Fixed Deposit Account and Recurring Deposit accounts and to inform them details of all his accounts, balance in the account of the complainant maintained by the bank and the transaction made by the complainant with effect from 11.2.21 after deposit of compensation amount in the said account.  The said letter also was sent to the O.P no.5.  The O.P no.5 without obtaining any legal opinion furnished all the above information regarding the complainant’s banking transaction details made in all his accounts to the O.P no.3.  The complainant on 19.7.21 had gone to O.P no.4 to transfer Rs.20,000/- from his S.B.Account and at that time he was intimated by the O.P no.4 that the lien has been marked on the said account and the account had been freezed on the strength of the letter of the O.P no.3.  As the complainant’s account was freezed, he gave a complaint to the O.P no.4 on the same day to that effect.  The O.P no.4 on 20.7.21 had intimated the complainant that the O.P no.2 vide his letter dt.15.7.21 had advised him to mark lien/freeze the bank accounts of the complainant.  The complainant after receiving such letter from the O.P no.4 on 23.7.21, wrote a letter to the O.P no.4 to deactivate auto renewal of one of his fixed deposit accounts and to divert the accrued interest and maturity amount of the said account to his S.B.A/c. no.054299000004926 of YES Bank because the S.B. A/c. maintained with the O.P no.4 had already been freezed.  Thus, as per the complainant the fixed deposit account of the complainant was delinked from the S.B.Account of the complainant maintained with the O.P no.4 and such deactivation and delinking was acknowledged by the bank,O.P no.4.  Thereafter the complainant had handed over the fixed deposit receipt no.10190007289688 for a sum of Rs.25,00,000/- to the O.P no.4 by instructing to him to encash it on the maturity date i.e. 17.8.21.  But on 17.8.21 neither the fixed deposit was encashed nor the fixed deposit certificate submitted by the complainant was returned.  Subsequently vide letter dt. 18.8.21 it was intimated to the complainant by post by the O.P no.4 that the fixed deposit account had been lien on the basis of the letter of the O.P no.3, for which the complainant was advised to contact the O.P no.3.  It is alleged by the complainant that the O.P no.4 without following due procedure of law and without intimating the letter of the O.P no.3 to him intimated about all his banking details to O.P no.3 without his knowledge.    The complainant gave a letter to the bank i.e O.P no.4 to clarify him how the bank could disclose all his banking details to the O.P no.3 without his knowledge.  In response to that letter the O.P no.4 replied to him that as per the advice of the O.P no.3 he had taken steps and advised him to get order from O.P no.3 to remove the lien.  The complainant sought some clarification from the O.P no.4 as regards to banking law and freezing his account in the context of his case which remained unanswered.  It is stated by the complainant that the fixed deposit as made by him was no way related to the compensation amount granted by O.P no.3.  It is stated by the complainant that the compensation amount received on behalf of the co-sharers was released in their favour except one co-sharer. As per the complainant, the O.P no.4 has committed deficiency in service.   Hence, the complainant has filed the present case for a direction to the O.P no.4 & 5 to release the entire fixed deposit amount after deducting the amount already remitted to his YES Bank Account amounting to Rs.23,70,794/- alongwith interest @ 7% per annum from 17.8.21 till 1.2.2022 as well as he has claimed compensation for mental agony to the tune of Rs.20,00,000/- besides other reliefs.

          The complainant has filed copies of several documents in order to prove his case.

2.       Having not contested the case, the O.Ps were set exparte.

3.       The points for determination in this case are as follows:

          i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point No.i &ii.

For the sake of convenience both the points no.i & ii are taken up together for consideration here in this case.

It is an admitted fact that the complainant alongwith other co-sharers received Rs.66,24,926/- at the initial stage towards the compensation amount under “The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act,2013”.  The other co-sharers of the complainant gave authorisation to the complainant to receive their share of compensation amount. Accordingly, O.Ps no.2 & 3 sent entire compensation amount to the S.B. Account of the complainant maintained with the O.P no.4.  Basing upon the report of the A.G., the O.P no.3 wrote a letter to the complainant on 4.5.21 to refund Rs.23,70,794/- as the said amount was paid in excess towards the compensation amount to him.  The O.P no.3 also wrote a letter on 15.7.21 to the O.P no.4 to send Rs.23,70,794/- to his current account no.32679162327 of S.B.I,Cuttack from the account of the complainant as the excess payment made in favour of the complainant.  It reveals from the documents available on the record that that as per the instruction of the O.P no.2& 3, the O.P no.4 freezed all the account of the complainant and imposed lien of Rs.23,70,794/-.  The O.P no.4 without following the instructions of the complainant and as per the instruction of O.P no.2 &3, transferred Rs.23,70,794/- in favour of the State Govt. which is the part maturity amount of one of his fixed deposit accounts.  The Fixed Deposit A/c had no nexus with the compensation amount received by the complainant.  Moreover, the compensation amount was received by the complainant on behalf of all co-sharers.  The complainant’s share of compensation amount was only Rs.13,24,985.20p.  Hence, lien of Rs.23,70,794/- to the all the bank A/c of the complainant is wrong.  So also, it is wrong to transfer Rs.23,70,794/- from the Fixed Deposit A/c of the complainant to the account of the State Govt.  Hence, all the O.Ps have committed wrong.  But the dispute centres around “The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act,2013”.  The note of submission filed by the complainant reveals that the matter is sub-judice before the Hon’ble High Court of Odisha. Moreover, this Commission has no jurisdiction to decide the dispute as regards to entitlement and the quantum of compensation payable in the Land Acquisition proceeding, under “The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act,2013”.   The complainant has also not prayed for any relief against the State Govt., whereas at the instance of the O.P no.2 & 3, the complainant’s Fixed Deposit proceeds were transferred to the current A/c of the State Govt. by the O.P no.4.    In view of the facts and circumstances narrated above, it is held that this Commission has no jurisdiction to entertain the case at hand and the same is not maintainable.  Hence, the question of deficiency of service does not arise.

Point no. iii.

From the discussions as made above, the complainant is not entitled to any of the reliefs as claimed by him. Hence it is so ordered;

ORDER

Case is dismissed exparte against the O.Ps. and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 20^th day of May,2023 under the seal and signature of this Commission.          

 

                                                                                                             Sri Sibananda Mohanty

                                                                                                                      Member

 

                                                                                                                  Sri Debasish Nayak

                                                                                                               President