Orissa

Rayagada

CC/17/2016

Sri Susant Jhodia - Complainant(s)

Versus

The Chief Executive Managing Director, Micro Leasing and Founding Ltd., - Opp.Party(s)

Self

22 Mar 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 17/ 2016.                                          Date.    22   .    3    . 2018.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                                                   President

Sri GadadharaSahu,                                                                        Member.

Smt.PadmalayaMishra,.                                                                                Member

 

Sri Susant Jhodia, S/O:Late Sasi Jhodia, At:Jhodia, Po:Tikiri,    Dist:Rayagada, State:  Odisha.                   Cell No. 07077252393.                                                                                                                                                                                                                                                                                    …….Complainant

Vrs.

1. The Chief Executive-Cum- Managing Director, Micro Leasing and Founding Ltd., Regd. Head office, B, 3030, Sahid Nagar, Bhubaneswar-7,Odisha.
2. Sri Niranjan Tripathy, agent,Micro leasing and founding Ltd., Tikiri Branch,  Dist: Rayagada, (Odisha).
3. The Branch Manager-Cum-Collection Officer,  Micro leasing and founding Ltd.,Tikiri  Branch,Dist: Rayagada(Odisha).

…Opposite parties.

 

For the Complainant:- Self.

For the O.Ps:- Set exparte

.

JUDGMENT

The  present disputes emerges out of the grievance raised in the  complaint petition filed by the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for  non refund of R.D.Maturity amount.  The brief facts of the case are summarized here under.

That the complainant had opened a Recurring Deposit Scheme  in Micro  Leasing and Founding Ltd. Bearing policy No.117020003278 and deposited Rs.900.00 per month for the period from February, 2013  to January,2014 total 12 months. The brother of the complainant Sri Gupta  Jhodia  had  also deposited Rs.1,500/- per month for period from October,2013 to January,2014.  Now the  Tikiri branch office had abolished.    But the approaches of the complainant  became futile and not heard the grievance of  the complainant. Hence this case. The complainant prays the forum direct  the O.Ps to  refund  maturity amounts  of 2(two) policies  with  up to  date  interest and such other relief as the hon’ble forum deems fit and proper for the best interest  of justice.

 

On being noticed the O.Ps neither entering in to appear before the forum nor filed their  written version inspite of more than  18 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 2 years  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

 

                We therefore proceed to dispose of the case, on its merit. We perused the complaint petition and the document filed by the complainant.

         FINDINGS.

          For determination  of this case the  point is to be answered.

          Whether there is any deficiency in service on the part of the opposite parties, if so can the complainant entitle for the reliefs prayed for?

          From the  documents filed by the complainant it reveals that the complainants had deposited  amount  in the above organization.  In support of  deposit of money in different  dates the Complainant  is filed  deposit slip which are marked as Annexure-I, II, III, IV in policy  No. 117-020003278. In another policy No. 134-020007254  deposit slip which are marked as Annexure-I, II.   Thus, it is clear that the complainants had  paid amounts  to the OPs. After that they have made several demands to repay the said deposit amounts on maturity, but the opposite parties kept silent. Moreover, there is no denial by the opposite parties  regarding the deposits made by the complainants. As per the document  it is clear that the opposite parties collected so much amount from the public not only from the complainant and the public  and these acts of the opposite parties clearly shows their attitude and deficiency in service, hence, the opposite parties have to refunded maturity amounts to the complainants with 9% p.a. interest from the date of respective maturity till the date of realisation.

          The complainants with a  hope invested  amount with the opposite parties, but because of the acts of the opposite parties, the complainant deprived of to get back his matured amounts and  they have  moved  around the offices of the opposite parties and because of the acts of the opposite parties, they have  suffered financially and mentally. Hence, to compensate we allow  Rs.5,000/- towards compensation besides costs of Rs.1,000/- Accordingly, this point is answered.

          To meet the ends of justice  the following order is passed.

                                                         

 

 

]                                               ORDER.

          In  resultant, the complaint stands allowed in part, on exparte.

          The O.Ps ordered  to pay the deposited amounts as recorded in the Acknowledgement slip issued by the O.Ps in favour of the complainant and in the name of his brother  Sri Gupta Jhodia  bearing  policy  Nos. 117-020003278   Policy No. 134-020007254  respectively along with interest @  Rs. 9% per annum from the date of respective deposit till realization. The opposite parties are further directed to pay Rs.3,000/-  towards compensation besides costs of Rs.1,000/-. The above order is to be complied within   60 days  from the date of receipt of this order. Service the copies of the order to the parties free of cost.

Dictated and corrected  by me.

 Pronounced in the open Forum today on this the        22^nd.  day  of , March, 2018 .

 

Member                               Member.                                                   President