DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

C.C.NO. 36 OF 2022

                             Date of Filing: 17.08.2022

                             Date of Order : 01.05.2023

Sri Panchanan Nayak,

S/o-Brundaban Nayak,

At – Dhipa Sahi,

PO- Phulbani Town,

District- Kandhamal.                                ………………….. Complainant

Versus.

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1. Narendra Behera,

Regional Manager, Sahara India Regional Office

1^st floor, Durga Mandap                      

Dhanu Palli, Sambalpur.

2. Branch Manager, Sahara India Branch Officer, Phulbani

At- Main Road

Po/Ps- Phulbani

Dist- Kandhamal    …………………….. Opp. Parties.

Present: Sri Purna Chandra Mishra    - President.

                        Sri Sudhakar Senapothi         - Member.

For the Complainant:  Mr. R.C. Parida, Advocate

For O.P.                    : Ex-partee

JUDGEMENT

Sri Purna Chandra Mishra, President

          Complainant Panchanan Nayak has filed this case U/S 35 of the CP Act-2019 alleging deficiency of service and unfair trade practice for non-payment of maturity amount and praying therein for direction to the Opposite Parties to pay the maturity amount with interest @ 12% per annum and to pay cost and compensation of Rs. 1,50,000/- respectively.

1. Brief fact leading to the case is that the complainant had deposited a sum of Rs. 8, 21,276/- with the Opposite Party on various dates whose maturity value comes to Rs. 11,20,877/-. After the maturity dates, the complainant ran to the Office of the Opposite Parties to get back the money. But, the Opposite Parties played hide and seek and deferred dates after dates for which feeling harassed by the conduct of the Opposite Parties, the complainant has filed this case for the reliefs as discussed in the preceding paragraphs.
2. Notice was sent to the Opposite Parties and was duly served on them. In spite of noticed served, they preferred not to appear nor to challenge the allegations raised against them. As they did not appear, they were set    ex-partee and this Commission proceeded to dispose of the case on merit.
3. The complainant in support of his case has filed the Photo Copy of Voter I.Card, copy of the 14 money receipts and his evidence in shape of affidavits.
4. On perusal of record, it is seen that the complainant has filed the copy of following money receipts,

and his evidence in shape of affidavit.

5. It is seen from the money receipt that the complainant has deposited a sum of Rs. 8,01,276/- in Toto in various dates and the maturity dates and value has been clearly mentioned in the body of the certificates. Except one certificate, all the certificates have already attended its maturity and the complainant is entitled to get the maturity value of the other 13 deposit certificates. As the Opposite Parties did not pay the maturity amount after its date of maturity, it amounts to deficiency in service and is a case of unfair trade practice. The complainant had deposited the amount to utilize the money for his comfort and to meet his necessities. As the Opposite Parties did not pay his amount, it has caused sufficient to the complainant and the Opposite Parties are jointly and severally liable for causing deficiency in service, for practicing unfair trade practice and for harassing the complainant.
6. As a case of deficiency in service, unfair trade practice is made out against the Opposite Parties, they are liable to compensate the complainant for loss and harassment sustained by him and hence the order.

O R D E R

The complaint petition is allowed ex-parte against the Opposite Party. They are jointly and severally liable for causing deficiency in service, for practicing unfair trade practice and causing harassment to the complainant. The Opposite Parties are directed to refund a sum of Rs. 10,16,237/- (Ten Lakhs Sixteen Thousand, two hundred thirty seven) with interest @ 12 percent per annum with effect from the date of maturity of the respective certificates till it is actually paid back to the complainant. The Opposite Parties are further directed to pay a sum of Rs. 1, 00000/- (one lakh) towards compensation for deficiency in service, unfair trade practice and harassment sustained by the complainant and sum of Rs. 20, 000/- (Twenty Thousand) towards cost of litigation. The order is to be complied within a period of 30 days from the date of receipt of this order failing which the order as to cost and compensation shall carry interest @ 12 % per annum from the date of order till it is actually paid to the complainant.

                                                          Computerized & corrected by me.

         I Agree

     MEMBER                                                       PRESIDENT

Pronounced in the open Commission today on this 1st  day of May 2023 in the presence of the parties.  

     MEMBER                                                       PRESIDENT