For Complainant          :             Sri Sudhir Kumar Padhi, Advocate & associates.

For Opp. Parties            :             None.

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1.                         The brief history of the case of the complainants is that in pursuance of tender call notice vide Tender No.116/2015 dt.16.06.2015 by the OP.1; he was selected to execute the Scanning and Digitalization of all type of Revenue Records of Tahasil Office, Boipariguda (OP.2).  Accordingly, an agreement was signed between Sri Biswa Ranjan Mohanty (Complainant No.2) and the authorised person of OP No.1 on 14.07.2015.  It is submitted that the complainant deposited a sum of Rs.20, 000/- towards EMD with the Tender Application and also deposited a sum of Rs.50, 000/- towards Security Deposit in shape of TDR as per terms of tender.  It is further submitted that after successful completion of work, the Ops have cleared the dues of the complainant but in spite of requests to the Ops, they have not releasing the EMD and Security Deposit amounts in favour of the complainants.  Hence the complainants have filed this case praying the Forum to direct the Ops to release EMD amount of Rs.20, 000/- and Security Deposit amount of Rs.50, 000/- in favour of the complainant with interest @ 12% p.a. and to pay Rs.20, 000/- towards compensation and cost to the complainant.

2.                         The Govt. Pleader and associates file memo of appearance for Ops 1 & 2 but they failed to file authorisation to conduct this case on behalf of the Ops.  The Ops have also not filed counter in this case.

3.                         The complainants have filed certain documents in support of their cases.  Heard from the A/R for the complainants and perused the materials available on record.

4.                         In this case, M/s. Sai Durga Laxmi Computers, New Street, Park Lane, Jeypore was awarded with a contract for Scanning and Digitalization of all types of Revenue Records of Boipariguda Tahasil by the tender committee.  This fact was intimated to the Manager of the said firm vide Letter No.145 dt.04.07.2015 of ADM, Koraput with request to the firm to deposit a sum of Rs.50, 000/- towards Security Deposit in shape of FDR and to sign an agreement  with the competent authority i.e. Collector, Koraput.  The copy of above letter is available on record.

5.                         It is further seen that Sri Biswa Ranjan Mohanty on behalf of M/s. Sai Durga Laxmi Computers has made agreement with the Authorised Person of OP.1 on 14.07.2015 before the Sub Registrar, Koraput.  The copy of agreement is also available on record.

6.                         The case of the complainant is that the firm completed the Scanning and Digitalization of Revenue Records as supplied by OP.2 and the bills were cleared but in spite of request to both the Ops, they are not releasing the EMD and SD amount in favour of the firm.

7.                         In absence of counter and participation of the Ops in this proceeding, we lost opportunity to know anything from them and hence the allegations of the complainant remained unchallenged.  It is seen that the complainants have filed copy of their letter dt.03.02.2018 addressed to OP No.2 through which the OP.2 has been requested for final settlement of bill and issue of work completion certificate.  The said letter has been received by OP.2 on 05.02.2018.  Further in their letter signed by the Manager (Sri Biswa Ranjan Mohanty) of the firm addressed to the OP.1 has been filed by the complainants in this case through which they have requested the OP.1 to release EMD & SD amount since they have completed the work entrusted by the Ops.  The complainants have also sent email dt.29.05.2018 requesting OP.1 for release of EMD and SD amount.  It is seen that in spite of all above efforts, the Ops have not released the genuine claim of the complainants.  This inaction of the Ops in our opinion amounts to negligence on their part.  Hence we hold that the Firm represented through its Manager, Sri Biswa Ranjan Mohanty is entitled to get back the EMD amount of Rs.20, 000/- and Security Deposit amount of Rs.50, 000/-.  The SD amount has been deposited in shape of TDR which definitely accrues bank interest.  Hence the firm is to get the SD amount and the interest accrued thereon.  Further due to such inaction of the Ops, the complainants have come up with this case incurring some expenditure and hence they are entitled to get cost of litigation to which we assess at Rs.2000/-.

8.                         Hence ordered that the complaint petition is allowed in part and the OP No.1 is directed to release the EMD amount of Rs.20, 000/- and Security Deposit amount of Rs.50, 000/- plus bank interest accrued thereon and to pay Rs.2000/- towards cost of litigation in favour of the firm represented through its Manager, Sri Biswa Ranjan Mohanty within 30 days from the date of communication of this order.

(to dict.)