DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI.
C.C.NO. 07 OF 2018
Present: Miss Sudhira Laxmi Pattnaik - President I/c.
Sri Purnachandra Tripathy - Member.
Smt Sabita Senapati, aged 36 years
W/O: Sri Samir Mahapatra
At/PO: Masterpada PS: Town, Phulbani
Dist: kandhamal …………. Complainant.
- Versus-
1. Sridhar Patel aged about 40 years
Chairman, BPET, Bhaler
Village /PO: Bhaler, PS-Bolangir
Dist- Bolangir
2. Alakarani Patel aged about 32 years
W/O: Sridhar Patel, Secretary, BPET, Bhaler.
Village /PO: Bhaler PS- Bolangir
Dist- Bolangir. ……………… Opp. Parties.
For the Complainant: Sri Manoj Kumar Sahoo Advocate and associates
For the O.Ps: Sri G.N Padhi, Advocate and associates.
Date of Order: 25th February 2021.
The brief facts of the case is that the Complainant is an unemployed lady being influenced by the O.P No.1 & 2 agreed to open a franchise of B.P.E.T in Phulbani Town with a purpose to spread the education activities of B.P.E.T in order to her self employment and earning livelihood out of the same . The O.P No.1 & 2 are the chairman and the Secretary of the trust and operating in the name & style as B.P.E T, Bhaler, Bolangir offering the franchise to spread the education activities all over the state of Odisha.
Being influenced by the OPs the Complainant had applied the franchise for the District Kandhamal and deposited an amount of Rs. 1, 20,000/-as security before the OPs. On received the security amount the OPs confirm the payment and assured the Complainant to sent franchise appointment letter within 90 days. Even after the stipulated period the Opposite Parties neither sent any letter of appointment nor did they make any correspondence to the Complainant. Thereafter the Complainant had been to the office of OPs at Bhaler, Bolangir in order to ascertain the fact of her franchise letter, again the OPs assured the Complainant for early issuing of Franchise letter. In mean while about two months passed but no such letter yet to receive from the OPs, so the Complainant demanded her security money back from the OPs and expressed her unwillingness for the franchise. On demand the OPs issued a cheque for an amount of Rs 1, 20,000/- bearing Cheque No-001012 dated 29/09/2017 in favor of Sri Samir Mahapatra husband of the Complainant. On dated 04/10/2017 said cheque was deposited for encashment of the cheque amount but the cheque dishonoured by the banker of the OPs with a remark as Insufficient Fund. On receipt of the cheque return memo along with the unpaid cheque, the complainant sent a demand notice on dated 16/10/2017 through registered post with a request for make payment of the amount involved in the cheque. The demand notice was properly served upon the OPs but the OPs did not turn or make payment to the complainant. Further and again the complainant deposited the said cheque for encashment but again the cheque return unpaid due to Insufficient Fund in the account of the OPs. So on dated 24/11/2017 another demand notice sent to the OPs through R.P with A.D which was duly served. Even if the receipt of the demand notice the OPs remained silent for which the present complaint filed by the complainant with a prayer to issue direction to the OPs to refund the security money of Rs. 1, 20, 000/- along with interest @ 18 % P.A from the date of deposit till the date of payment, further prayed for grant of Rs. 15,000/- & Rs. 20,000/- towards litigation cost & compensation respectively. Accordingly the complaint case admitted and issued notices to the OPs. The notices were duly served to the OPs but they did not prefer to appear or file any version in their support. Hence on dated 23/12/2020 both the OPs were declared set- expartee. The Complainant has filed an evidence affidavit with supporting documents. We heard the counsel for the complainant and carefully examined the petition, and other relevant documents led by the complainant during hearing of the case. We are of the considered view that the complainant has deposited an amount of Rs 1,20,000/- as security deposit for getting the franchise of B.P.E T under the OPs , on receipt of the above amount the OPs assured for sending the letter of franchise within 90 days but they did not send any such letter inspite of several correspondence . later on demand for refund of the deposited money , the OPs issued a cheque in the name of husband of the complainant which was not honoured by the OPs banker due to Insufficient Fund . Further the complainant issued demand notices to the OPs and claimed the amount, instead of that the OPs neither turn to the complainant nor they refund the amount to the complainant. From the averment facts and circumstances it is well proved that there is a gross negligence and deficiency in rendering service on the part of the OPs towards the complainant. Hence order.
O R D E R
The case of the complainant is allowed against the OPs, both the OPs are jointly and severally liable to refund the security deposit of Rs. 1, 20,000/- along with interest@ 9% P.A from the date deposit to till the date of payment, apart from the OPs are directed to pay Rs 10,000/- towards compensation for mental agony and Rs 5,000/- for litigation cost to the complainant within 45 days from the date of receipt of this order. In the event of non compliance of this order all the awarded amount shall carry interest @18% P.A till the date of payment.
Hence the order pronounced in the open court on this day of 25th February 2021. Accordingly the C.C disposed off. Free copy of this order be supplied to the parties.
MEMBER PRESIDENT
