Sri S.K.Sahoo,President.
This is a petition filed by the complainant U/s. 35 of C.P.Act, 2019 , in which he has claimed certain reliefs against the opp. parties.
2. Notices were issued to all the opp. parties through Regd. Post with A.D on 23.12.2020.The A.D of opp. party No.1 & 2 are available in the case record. On perusal of the A.D it appears that the opp. parties have received the notice on 24.12.2020 . The A.D of opp. party No.3 is not back. However as the notice was sent to opp. party No.3 through Regd. Post with A.D in the correct address given by the complainant and it is not back, it is deemed that notice has been duly served on opp. party No.3. Inspite of service of such notices on the opp. parties, they did not prefer to appear before this Commission and contest the case by filing show cause.
3. The case of the complaint is that the complainant is a resident of Angul town and the opp. parties are running a profit earning Co-operative Society Ltd. in the name of Sahara Credit Co-operative Society Ltd. The said society is running its business at Angul district along with other places. Being influenced by the opp. parties the complainant has deposited an amount of Rs.6,000.00 on 08.05.2012 and another Rs. 6,000.00 on 14.01.2012. Both the deposits were under “Sahara-E Shine” scheme. The certificates No. 351004115204 & 351002432566 were issued in favour of the complainant by the opp. party’s society. The certificate No. 351004115204 is to be matured on 08.05.2020 and the maturity amount was Rs. 15,672.00 .The certificate No. 351002432566 was to be matured on 14.01.2020 and the maturity value was Rs. 15,672.00 . After the certificates were matured the complainant approached the opp. party No.1 for payment of the amount due. Inspite of several approach the opp. parties did not pay the maturity amount to the complainant .At last the opp. party No.1 refused to disburse the maturity amount to the complainant. The opp. parties have adopted unfair trade practice. Hence this case for payment of the maturity amount with interest, compensation, litigation cost along with some other reliefs.
4. Admittedly the opp. parties did not appear inspite of service of notice them .The complaint petition filed by the complaint is supported with an affidavit.
5. It is clear from the complaint petition and the documents filed by the complaint that on 08.05.2012 the complainant has deposited an amount of Rs. 6,000.00 which is to be matured on 08.05.2020 for an amount of Rs. 15,672.00. It is also clear that on 14.01.2012 the complainant has deposited an amount of Rs. 6,000.00 which to be matured on 14.01.2020 for an amount of Rs. 15,672.00 .Both the deposits were accepted by the opp. parties. Opp. party No.2 has issued the certificates in favour of the complainant.
It is clear from the materials on record that the complainant is entitled to the matured amount on 08.05.2020 and 14.01.2020 respectively. Admittedly the opp. parties did not pay the matured amount to the complainant inspite of his repeated approach . The allegations of the complainant goes unchallenged and there is no reason to disbelieve the contents of the complaint petition filed by the complainant. It is further clear that due to non-payment of the maturity amount inspite of several approaches of the complainant he is suffering from mental agony and dragged for the present litigation.
6. Hence ordered:-
: O R D E R :
The case be and the same is allowed in part , exparte . The opp. parties are directed to pay the maturity amount of both the deposits bearing certificate No. 351004115204 & 351002432566 along with interest @ 12% p.a. from the date of maturity until payment is made. They are further directed to pay an amount Rs. 15,000.00 (Rupees Fifteen Thousand) only as compensation and Rs.5000.00 (Rupees Five Thousand) only towards litigation expenses. The opp. parties are jointly and severally liable.
The opp. parties are further directed to comply the order within a period of one month of receipt of this order, failing which they are liable to pay interest @ 16% per annum, on the amount due by the complainant.