Orissa

Kandhamal

CC/17/2018

J.Mohan Rao Patro - Complainant(s)

Versus

Sri Rajib Raula Sector Manager Worker Sahara - Opp.Party(s)

15 Jul 2022

ORDER

DISTRICT CONSUMAR DISPUTES REDRESSAL COMMISSION
AT-NEAR COLLECTORATE OFFICE,PHULBANI
 
Complaint Case No. CC/17/2018
( Date of Filing : 23 Apr 2018 )
 
1. J.Mohan Rao Patro
S/o- J.Khali Patro, At- Ganesh Market, Phulbani, Po/ps- Phulbani
Kandhamal
Odisha
...........Complainant(s)
Versus
1. Sri Rajib Raula Sector Manager Worker Sahara
Sahara Credit Cooperative Society Limited, Sector Phulbani, Po/ps- Phulbani
Kandhamal
Odisha
2. Zonal Chief Sahara
Sahara Credit Cooperative Society Limited, At- Plot No-B-61, A & B Saheed Nagar, Bhubaneswar-751007
Khordha
Odisha
3. Sankar Behera
S/o- Late Dhabaleswar Behera, At- Rammandir Street, Hatapada, Po/ps- Phulbani
Kandhamal
Odisha
4. Pradeep Kumar Patra
S/o- Late Kailash Chandra patra, At- GOuda sahi, Amalapada, Po/ps- Phulbani
Kandhamal
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Sri Purna Chandra Mishra PRESIDENT
 HON'BLE MR. Sri Sudhakar senapothi MEMBER
 
PRESENT:
 
Dated : 15 Jul 2022
Final Order / Judgement

   

    DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

                                                                                C.C.NO.17 OF 2018

 

J.Mohan Rao Patro

S/O- J. Khali Patro

At- Ganesh Market, Phulbani,

PO/PS_-Phulbani

Dist- Kandhamal.                                         ……………………….. Complainant.

                                Versus.        

 

.1. Sri Rajib Raula

     Sector Manager Worker

     Sahara Credit Cooperative Society Limited

     Sector Phulbani

     PO/PS- Phulbani, Dist- Kandhamal

2.  Zonal Chief

     Sahara Credir Cooperative Society Limited

     At- Plot No.B-61, A & B

      Saheed Nagar, Bhubaneswar-751007

3.  Sankar Behera

     S/O- Late Dhabaleswar Behera

     At- Rammandir Street, Hatapada,

     Po/Ps- Phulbani, Dist- Kandhamal

4.  Pradeep Kumar Patra

     S/O- Late Kailash Chandra Patra

      At- Goudasahi, Amalapada

Po/Ps- Phulbani, Dist- Kandhamal           …………………………….. OPP. Parties.

Present: Sri Purna Chandra Mishra    - President.

                 Sri Sudhakar Senapothi     - Member.

For the Complainant: Manoj Kumar Sahoo, & Associates

For O.p No.1- Ranjan Kumar Padhi

For O.p No.2 – None

For O.p No.3 & 4 – R.K.Das & B.K.Mohanty

Date of Argument: 22-06-2022

Date of Order:  15-07-2022

                                                                             

  JUDGEMENT

Sri Sudhakar Senapothi, Member            

 The complainant Sr.J.Mohan Rao Patra has filed this complaint u/s 12 of CP Act 1986 against the Ops alleging deficiency in service and unfair trade practice for non-payment of his maturity amount after due date of maturity and praying therein for a direction to the Ops to pay an amount of Rs 8,14,100/-along with interest @ 24 P.A from the date of deposit till actualization and to pay an amount of Rs,10,000/- as compensation for causing  physical mental pain and harassment suffered by the complainant along with an amount of Rs.10000/- as cost of litigation.

  1. The factual matrix of the case in brief is through various T.V. News paper, press statements and public gimmicks the OPP party No 1 & 2 introduced R.D/ Fixed deposit schemes and invited applications from the public.The complainant is a retired business man and sick persons. Being motivated by the OPP. party No 3 & 4, the complainant deposited his hard-earned money in the schemes of Sahara Credit Cooperative Society Limited i.e. Sahara.A select on 20th June 2016 an amount of Rs.3 lakhs and 60 thousand and obtain bond of the Account No- 18536200825 to18536200831. Again on 7th Sept.2016 an amount of Rs.3 lakhs and 40 thousand and obtain Bond of the Account No.18536201631 to 18536201637 for a period of 18 months. The maturity date of the above mentioned deposit was 20th Dec.2017 and 7th March 2018 respectively. After lapse of stipulated period i.e. 18 months of deposit, while the petitioner asks the Opp.party for refund the deposits with interest, the Opp.party did not elicit any response.

While the petitioner has applied for maturity amount, his request was not complied and the OPP. Parties have not shown their willingness to repay the amount of the petitioner in a prescribed time frame. The petitioner  feeling helpless, harassed and finding no other alternatives has been compelled to file this case before this Hon’ble Commission, seeking relief and justice as prayed for in the compliant petition.

  1. After receipt of notice the OP.No.1 appeared through his authorized representatives, but preferred not to file any written statement nor challenges the allegation raised against them in any manner. Therefore the commission proceeded to dispose off the case on its merit.
  2. The petitioner in support of his case has filed the copy of his aadhar card, photo copies of the deposit certificates policy No.925004356106 to 925004356112 in continues serial amounting to Rs. 3,95,420/-and from 002968716 to 002968722 in continues serial amounting to Rs. 4,18,680/-. The petitioner has not filed any oral evidence in support of his case.
  3. It is revealed from documents on record that the petitioner has actually deposit some of Rs. 7, 00,000/- which was due for maturity on dtd.20.12.2017 and the maturity value was Rs.8,14,100/-  but the OPs have failed to repay the amount in time which is a clear act of deficiency in service and unfair trade practice and the OPs are liable to compensate the petitioner for the loss incurred by the complainant. Hence the order.

 

ORDER

                The complaint petition is allowed against the OPs. The Opp.parties are directed to refund a sum of Rs.8, 14,100(Eight lakhs fourteen thousand one hundred) only            towards maturity value of the complainant under certificate No.925004356106 to 925004356112 dtd.07.03.2018 with interest @ 12% P.A from the date of maturity till it is refunded and is further directed to pay a sum of Rs.10, 000/-(ten thousand) only towards cost of litigation. The order shall be complied within a period of 30 days from the date of receipt of this order.

                       I Agree         

 

                     PRESIDENT                                                                     MEMBER

 

Pronounced in the open Commissioner today on this 15th day of July 2022 in the presence of the parties.

 

 

                  MEMBER                                                                           PRESIDENT

 
 
[HON'BLE MR. JUSTICE Sri Purna Chandra Mishra]
PRESIDENT
 
 
[HON'BLE MR. Sri Sudhakar senapothi]
MEMBER
 

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