Orissa

Sambalpur

CC/10/2020

Jasobanta Kumar Pandey - Complainant(s)

Versus

1-B.M. of SAHARA INDIA Commercial Corporation Limited - Opp.Party(s)

21 Nov 2022

ORDER

          PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 10/2020

 

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Jasobanta Kumar Pandey,

S/O- Khateswar Pandey,

At/Po-Badabazar, Telipara, Ps-Khetrajpur,

Dist-Sambalpur-768003,                                               ...………..Complainant

                                                Versus

 

1. Branch Manager, SAHARA INDIA Commercial Corporation Ltd. Sambalpur Branch, At/PO-Ainthapali

Hansani Tower 2^nd Floor, PS-Ainthapali, Sambalpur,

Represented through its B.M. issued in Ten money receipt.

2. Branch Manager, SAHARA INDIA Commercial Corporation Ltd.

Fatak Branch, Sambalpur at Fatak inside of Railway over Bridge, Fatak, PS-Ainthapali, Sambalpur.

Represented through its B.M. issued in Ten cheque Amount                                                                                        .…………...Opp.Parties

 

Counsels:-

1. For the Complainant                   :-         Self
2. For the O.P.No.1                                      :-         Ex-parte
3. For the O.P. No.2                                    :-         B.K.Singh, B.M.

 

Date of Filing:18.03.2020,Date of Hearing :XXXXX, Date of Judgement : 21.11.2022

 

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant deposited Rs. 10,000/- in each 10 fixed deposit totaling Rs. 1,00,000/- and the certificates are issued on 15.01.2008. The Fatak branch, Sambalpur of the O.Ps issued four cheques on 20.03.2018 i.e. cheque No. 036785, 036786,036787 & 03678. On 27.03.2018 Cheques No. 036797, 036798, 036799 and three cheques issued on 31.03.2018 bearing No. 036805, 036806 and 036807. The maturity value and delayed payment comes to Rs. 3,18,156 whereas the O.Ps refunded Rs. 2,96,342/-, less payment of Rs. 21,814/- was made to the Complainant. For deficiency in service the complainant filed the complaint.
2. The O.P. N.2 appeared and filed version whereas O.P. No.1 has been set ex-parte. The O.P. submitted that 10 bonds have been issued Rs. 10,000/- each on 05.01.2008 to the complainant. Payment has been made through cheques on 20.03.2018. After 7 months 19 days the complaint has been filed. The O.Ps cited the case of M/s S.B.P. & Co. V.Patel Engineering Ltd. (2005) 85CC 618 in case of existence of  any agreement the case can be referred to arbitration. The Commission has no jurisdiction when an arbitration agreement is there. The Complainant has filed frivolous complaint and is liable to be dismissed.
3. Perused the documents filed by the Complainant. The Complainant admitted that Rs. 2,96,342/- has been paid to-wards maturity value. From the 10 numbers of fixed deposit receipts the maturity value admitted by O.P. is Rs. 3,18,690/- and receipt acknowledged by the Complainant is Rs. 29,6820/-. The differential amount Rs. 21,870/- is the subject matter of dispute in this complaint.
4. Both the parties to the complaint made their transactions with the territorial jurisdiction of this Commission and the O.Ps not paid the agreed amount, which is a deficiency in service of the O.Ps.
5. Regarding Arbitration proceeding, in case of any dispute between the parties on agreed terms the matter may be referred to arbitration but it does not bar the Commission to take up where there is deficiency in service.

Accordingly, it is ordered:-

 

 

 

                                                                                      ORDER

The complaint is allowed on contest against the O.P. No.2 and ex-parte against the O.P. No.1. The O.Ps are directed to pay Rs. 21,870/- with 10% interest P.A w.e.f. 27.03.2018 within one month of this order to the Complainant. For deficiency in service the O.Ps are liable to pay Rs. 25,000/- and litigation expenses of Rs. 10,000/-. In case of non payment the entire amount will carry 12% interest P.A. till realisation.

          Order pronounced in open court on this 21^st Nov. 2022.

          Supply free copies to the parties.