West Bengal

Paschim Midnapore

CC/12/2012

Sandhya Hansda - Complainant(s)

Versus

The Chief Executive Officer, Midnapur Co-Operative Agricultural & Rural Development Bank - Opp.Party(s)

10 Sep 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 Complaint case No. 12/2012                                                                                         

 BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.

                                                      MEMBER :  Mrs. D. Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.     

           

           Sandhya Hansda………………………….………Complainant.

                                                              Vs.

      The Chief Executive Officer, Midnapur Co-Operative Agricultural & Rural

      Development Bank at Kotwali Bazar, P.O. & P.S-Midnapore, Dist-Paschim Medinipur &

       Others.………………Ops.

Order No.16                                                                       Dated:-10/09/12                       

             The complainant is present. The Op. no.1 files an application praying for an order exempting him from paying litigation coast and compensation and permission to deposit by cheque an amount of Rs.2,86,223/-. Copy served. Hd. both sides.

             This case has been filed by the complainant praying for an order directing the Op. no.1 to pay Rs.2,86,223/- towards subsidy and also for an order for payment of compensation & litigation cost. Although, the Op. no.2 has been impleded in this case but no relief has been claimed against the Op. no.2. Ld. Lawyer appearing for the complainant submits that in view of the application filed to the Op. no.1. This case may be disposed of today since the claim is against the Op. no.1 only. Accordingly, the case is taken up for hearing. Hd. Ld. Lawyers for both the parties.

              Admitting the claim of the complainant the Op. no.1 has filed application undertaking to pay the entire claim amount of Rs.2,86,223/- to the complainant. However, the Op. no.1 has prayed that he may be exempted from making any payment towards compensation and litigation cost. The Ld. Lawyer for the complainant clearly submits that he has no objection to such prayer. He categorically states that since the Op. No.1 has admitted the entire claim and expressed his willingness to pay the amount, the complainant does not press for compensation and litigation coat.

                  Upon such facts and circumstances, we dispose of the case with the following direction:-

                   The case be disposed of on admission in terms of the application filed today by the Op. No.1. The Op. no.1 is hereby directed to pay Rs.2,86,223/- to the complainant within 04/10/12 positively. In case of failure on the part of the Op to pay the aforesaid amount within the stipulated date, the amount shall carry interest @ 9% p.a. from the date of filing of this case till realization of the entire amount.                                                        

                Sd/-                                          Sd/-                                                  Sd/-

           Member                                    Member                                           President      

                                                                                                                    District Forum

                                                                                                               Paschim Medinipur.