BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI.

C.C. No. 18 OF 2017

Present:       Miss Sudhiralaxmi Pattnaik            -        President (I/c).

Sri Purna Chandra Tripathy          -        Member.

  Sanjay Kumar Dehury, age about 45 years

  S/o: Sri Dhanurdhar Dehury,

  At/PO-Khamaripada, PS: Baud.

  Dist: Boudh.                                                       ……………          Complainant.

-Versus-

Srinibas Sahu,

S/O-Late Kanhu Charan Sahu

Vill-Pandita Sahi, Butupalli

PO-Butupalli, PS- Boudh

 Dist: Boudh.                                                         ……………Opposite- Party.

For the Complainant: Advocate Smt. Namita Sahu, Phulbani.

For the Opp. Parties:  Ex-parte.

Date of Order: 25^th March 2021.

The brief fact of the case is that the Complainant is a farmer by profession, on the other hand the OP is the Managing Director of BHARGAB FINANCE, Boudh.  The OP was dealing with purchase and sale of paddy, upon the request of the OP, the complainant supplied paddy. Against the supplied, the OP issued a cheque bearing No. 249188 dated- 20/05/2015 for Rs. 45,337/- only of S.B.I, Boudh in favour of the complainant. On receipt the cheque the complainant presented the same before his banker for collection and credit of the cheque amount, but due to insufficient fund in the Account of the OP, the cheque was not honoured, hence returned unpaid to the complainant. After received the cheque along with the return memo from the banker A.D.B, Boudh on dated 04/08/2015. Thereafter the complainant approached the OP to pay the supplied amount, but the OP remained silent, result of which the present complaint filed by the complainant before this Commission with a prayer to issue direction to the OP to pay Rs 45,337/- along with interest @12% P.A from the date of issue of the cheque i.e. 20/05/2015, further the complainant prayed for compensation of Rs 20,000/- and Rs 5,000/- towards the litigation cost. Accordingly the case of the complainant admitted and issued notice to the OP. The notice duly served upon the OP, but the OP did not appeared, hence declared set-exparte on dated 08/02/2021. During the course of hearing the case of the complainant we, carefully examined the petition and relevant documents. In our considered view that there is a gross negligence and deficiency in rendering proper service towards the complainant. Hence order

O R D E R

The Complainant case is allowed against the O.P and the O.P is set-exparte. Therefore it is directed to the OP to pay Rs. 45.337/- with interest @ 9% P.A from the date of issue of the cheque i.e. 20/05/2015. Further  it is  directed to pay 5,000/- towards compensation for mental agony and Rs. 2,000/- towards litigation cost within 45 days from the date of  this order, falling which all the dues shall carry interest 12%P.A till the date of payment . Accordingly the C.C disposed off.

Order pronounced in the Open court on this 25^th the day of March 2021.

Free copy of this order be supplied to the respective parties.

MEMBER                                                                                                      PRESIDENT