Date of filing:- 05/07/2023.
Date of Order:-27/05/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 88 of 2023.
Hara Bhoi, son of late Mangal Bhoi, aged about 66(sixty six) years, Caste- 'Sahara” (S.T.) Occupation-Retired Service man, R/o Dumberpali, Po. Hirlipali, Ps/Tahasil-Attabira, Dist. Bargarh. ..... ..... ..... Complainant.
-: V e r s u s :-
The Branch Manager, U.G.B., Kathdera Branch, At- Kathdera, Po. Luchida, Ps/Tahasil- Attabira, Dist. Bargarh. ..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- Sri S.K.Pati, Advocate with associates.
For the Opposite Party :- Ex-parte.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.27/05/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant is the customer of the Opposite Party and on Dt.09-04-2015 has deposited Rs. 40,000/-(Rupees forty thousand)only vide TD/STD Account No. 84019795321. The said amount was fixed deposited and the date of maturity being 09-03-2023 the maturity amount is ₹ 88,358/-(Rupees eighty eight thousand three hundred fifty eight)only, the rate of interest is 9%(nine percent) per annum. On dated 09-03-2023, the Opposite Party transferred sum of ₹ 74,277/- (Rupees seventy four thousand two hundred seventy seven) only in the account of Complainant. The Opposite Party as per terms and conditions Dt. 09-04-2015 the Opposite party has to deposit ₹88,358/-(Rupees eighty eight thousand three hundred fifty eight)only in the account of the Complainant. The Complainant contacted to the Opposite Party regarding the error but the Opposite Party denied to pay the same. Being aggrieved by the act of the Opposite Party the Complainant filed the complaint before this Commission praying that the Opposite Party be directed to pay the balance amount of ₹14,081/-(Rupees fourteen thousand eighty one)only and ₹ 10,000/-(Rupees ten thousand)only towards damage and ₹5,000/-(Rupees five thousand)only towards litigation expenses.
2) The case of the Opposite Party is that the Opposite Party did not appear before this Commission, hence set ex-parte.
3) After perusal of the documents filed by the Complainant, it reveals that the Complainant on Dt.09-04-2015 has deposited ₹40,000/-(Rupees forty thousand)only vide TD/STD Account No. 84019795321 and the matured amount being ₹88,358/-(Rupees eighty eight thousand three hundred fifty eight)only. The account statement filed by the Complainant reflects that the Opposite Party has paid ₹ 74,277/-(Rupees seventy four thousand two hundred seventy seven)only to the Complainant which amounts to unfair trade practice by the Opposite Party.
4) The Opposite Party has adopted unfair trade practice as well as the deficient in service by not depositing the full matured amount as per the terms and conditions.
Accordingly the following order is passed.
O R D E R
5) The Opposite Party is directed to pay ₹14,081/-(Rupees fourteen thousand eighty one)only along with 9%(nine percent) interest per annum from date of deposit in the account of the Complainant i.e. 09-04-2015 till date of this Order along with ₹5,000/-(Rupees five thousand)only for mental harassment and ₹5,000/-(Rupees five thousand)only towards litigation expenses to the Complainant within one month of this Order, failing which, the entire awarded amount shall carry 12%(twelve percent) interest per annum till date of realization.
6) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.27/05/2024 and the case is allowed against the Opposite Party and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
