Orissa

Rayagada

CC/152/2016

Sri M.Srivivas Rao - Complainant(s)

Versus

The Secretary State Transport Authority - Opp.Party(s)

Self

30 Nov 2016

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

C.C. Case  No.152/ 2016.

                                                                       

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Sri Gadadhara Sahu, B.Sc.,                                    Member.

Sri M.Srinivas Rao, S/o late  M.Suri Babu, Near Trinath Temple, Deepthi Convent Road, Raniguda Farm, Rayagada.                                                                                                                                                                               ….Complainant

                                                            Vrs.

1. The  Secretary, State Transport Authority, Odisha, Cuttack.
2. Regional Transport Authority,Rayagada.                                                                                                                                                       …….…..Opp.Parties

Counsel for the parties:

For the complainant:  In person

For the O.Ps: Self

 

                                                            JUDGMENT

The facts of the complaint  in brief is that    the complainant has deposited Rs.50,000/-  under the head 8443-00-103-0153 towards security deposit vide Challan No.309 dt.17.12.2014 for  grant of Transport Agent License. But the application of the complainant was not yet processed  and the license is not yet issued so the complaint demand for refund of the said amount.  The Ops after getting clear instructions and clarifications from all the quarters  not making the refund of  Rs.50,000/-  and causing financial hardship to the complainant. Hence, prayed to  direct the OP 1  to refund the above amount  with interest  and award monetary compensation  with cost of litigation. Hence this complaint.

 

Being notice, the Opp.Party 2 appeared    and  filed parawise comment  inter alia denying their petition allegations on all its material particulars.  The OP 1 neither appeared nor field written version, as such the Op 1 was set exparte.  It is submitted by the OP 1 that  the complainant has applied for Transport Agent License and deposited Rs.50,000/-  but after deposit    the Transport Agent Licenses Rule 1993 was seized   and the New Certificate shall be   granted  which came into force during Feb,2015  as such the Transport Agent License could not be issued in favour of the complainant.  It is not true that the complainant is not taking any step for refund of the deposited amount. As the amount has already deposited in Govt. Exchequer, for refunding the said amount  some government procedures are required to be followed as such the matter  is being delayed  and prayed for three months time.

                                                                    FINDINGS

                        We perused the complaint petition, documents filed by the parties and written version filed by the Opp.Party and heard  both the parties.  It is admitted fact that the complainant has deposited Rs.50,000/- for Transport Agent License but due to change of  rules the license could not be issued to the complainant and it is admitted by the OP that as the amount has already deposited in the government exchequer, some government procedures are to be followed for refund of the amount and prayed for three months time. Since the matter is admitted by the OP and prayed for time to refund the amount, we have nothing to  disbelieve the same. The OP has prayed for  three months time  in his parawise comment  i.e. on 22.06.2016  and now more than three months have already been passed. The OP must have completed their procedure to refund the amount to the complainant.

Hence, we disposed of the matter with the following directions.

                                                                     ORDER

                        The Opp.Parties are directed to refund the deposited amount of Rs.50,000/- within fifteen days of receipt of this order  if they have not refunded with intimation to this forum failing which the Ops will be liable to pay 12 % interest on the deposited amount till its realization. There shall be no order as to costs and compensation. Parties to bar their own cost.

                        Pronounced in open forum today on this 25^th  day of November,2016 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

      

 

                    Member                                                                                       President