Orissa

Baudh

CC/91/2015

Rina Sahu and Others - Complainant(s)

Versus

Satya Kumar Pothal,Branch Manager BISWA,Baunsuni - Opp.Party(s)

L.D.adv

26 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BOUDH
NEAR CIRCUIT HOUSE, BOUDH, 762014
 
Complaint Case No. CC/91/2015
( Date of Filing : 30 Dec 2015 )
 
1. Rina Sahu and Others
At:Malisahi Po:Sangochhapada P.S:Baunsuni Dist:Boudh
...........Complainant(s)
Versus
1. Satya Kumar Pothal,Branch Manager BISWA,Baunsuni
At/Po:Purunakatak Dist:Boudh
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Padmanava Mahakul PRESIDENT
 HON'BLE MRS. Mamatarani Mahapatra MEMBER
 
PRESENT:
 
Dated : 26 Jul 2017
Final Order / Judgement

             1. Alleging deficiency of service and unfair trade practice, the complainants filed this case against the O.Ps for release of Rs.17,600/- alongwith compensation and litigation cost.

             2.Shorn of unnecessary details, the brief fact of the case  of the complainants is that  that the complainant No.1 is the President and he complainant No.2 is the Secretary BIswa Bishnupriya  SHG Group Malisahi Baunsuni.Being motivated by the O.Ps the complainant alongwith with 8 members of the aforesaid SHG group deposited Rs.500/- on every month w.e.f 28.9.2011.The O.P. issued pass book to them vide No.BTS 0000461.As per the scheme the complainants would get 12% interest per annum on the deposited amount.The complainants  were deposited Rs.17,600/- in total with the O.Ps till 8.4.2013.Threafter the O.Ps have closed their Branch office without intimation to them. The complainants had been to the office of the O.Ps on several occasion for withdraw of money. But the O.PNo.3 did not release the aforesaid amount in favor of them.

          3. The complainants are consumer against the O.Ps as they have deposited Rs.17,600/-  through his pass book.    On being noticed, the O.P. No.1 and 3 appeared and filed their respective counter. The O.P.No.2 did not appear in the aforesaid case and  set- exparte.

           4.In his counter the O.P.N.1 stated that  this case is not maintainable in the eye of law. The complainants are not consumer under purview of C.P.Act. He is the staff under O.P.No.3.As the O.P.No.3 closed his head office, so the deposited amount could not be released. It is the duty of the O.P.No.3 to release the amount in favour of the complainant. The O.PNo.1 is not liable to pay compensation and cost of litigation.   In his counter O.P.No.3 stated has Chairman of Biswas is now in Berhampur jail in connection with cheat funds case and not yet released. All the cases are pending before Hon’ble High Court and he has filed all documents relating   his case like order sheet GR No.79 of 2014, order dtd.BLAPL No.4686 of 2015 order dd.23.2.2015 of BLAPL No.25499/2014 and BLAPL NO.26392 of 2014. The O.Ps have caused deficiency of service and unfair trade practice against the complainants.

       Taking into consideration of the case of the complainants and documents filed by them we allow the case of the complainants and direct the O.P NO.3 to release Rs.17,600/- (Rupee seventeen thousand  six hundred)only alongwith 12% interest per annum till realization alongwith Rs.500/-(Rupees five hundred) only toward compensation and litigation expenses to the complainant within one month form the date of this order, failing which the complainant is at liberty to take steps against the  O.Ps for realization of awarded amoumt.The case against O.P.No.1 and 2 is dismissed without cost.

           Order pronounced in the open court under the seal and signature of the Forum this the 26th day of July, 2017.

 
 
[HON'BLE MR. Padmanava Mahakul]
PRESIDENT
 
 
[HON'BLE MRS. Mamatarani Mahapatra]
MEMBER
 

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