DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NAYAGARH .
C.C. Case No. 04 of 2009
30th July , 2009 .
BEFORE :
Sri P. K. Pattanaik , President ,
Sri P. K. Mishra, Member
AND
Smt. Binodini Devi , Member .
Name of the Parties .
Hazari Bai , aged about 61 years ,
S/o – Late Budhi Baman Bai ,
Vill :- Itamati(Tantisahi) , P.O – Itamati ,
PS/Dist. -Nsayagarh . .
————— Complainant .
-Vrs-
1. The Secretary-cum-Chief Executive Officer,
Urban Co-operative Mercantile Finance Ltd.,
(U.C.M.F.L.) Nayagarh
now is sitting in the office of the Sub-Asst. Registrar
of Co-Operative Society in the building of Land
Development Bank, Trinath Chhaka, Nayagarh.
2. The Manager, Urban Co-operative Mercantile Finance Ltd.,
(U.C.M.F.L.) Itamati, PS/ Dist. Nayagarh.
3. Pradipta Kumar Mohapatgra,
President of Urban Co-operative Mercantile Finance Ltd.,
(U.C.M./F.L) Nayagarh Aty-Debottgor Colony, Nayagarh.
4. The General Manager,
Urban Co-operative Mercantile Finance Ltd.,
(U.C.M./F.L) Nayagarh PO/PS/Dist. Nayagarh.
———————- Opp. Parties .
Counsel for the complainant : - Sri Narayan Mohapatra and
his associates .
Counsel for the O.Ps : - Sri A. K. Das ( Advocate )
Date of appearance of O.Ps : - 03-02-2009
Date of hearing : (ex-parte ) – 08-06-2009
Date of Judgment : - 30-07-2009
J U D G M E N T
P. K. Pattanaik , President :-
Deficiency in service on the part of the O.Ps is the grievance of the complainant .
The complainant’s case in brief is as follows : -
The complainant had deposited Rs.50,000/-in the Urban Co-Operative Mercantile Finance Ltd. Itamati, Nayagarh in fixed deposit scheme on 20.04.2002 for a period of 78 months .The O.Ps issued him deposit receipt vide No. R. I. P.-000123 L.F.No278 dt.20.4.2002 .The maturity value was Rs.1,00,000/- and the maturity date was 20.10.2008 .After the maturity period, the complainant on 21.10.08 wanted to surrender the said receipt to O.P. No.2 but O.P.No. 2 did not allow him to do so and directed him to approach the Head office ,Nayagarh for the withdrawal of the said amount. As per the direction of
O.P.No.2, the complainant approached the Head office as well as all the O.Ps for payment of the maturity amount . All the O.Ps assured him to pay the maturity amount and advised him to write to O.P.No.2 for transfer of the maturity amount to the S.B .Account of the complainant . The complainant on 24.10.2008 wrote to O.P.N o.2 for the said transfer of maturity amount to his S.B. Account No.205 ledger folio No.351 which was opened on 9.4.2002. After receipt of the said application O.P.No.2 did not take any action for the transfer of the maturity amount to the S.B Account .Thereafter on 24.10.2008 the complainant submitted application to all the O.Ps in the above said matter. O.P. No.1 directed the O.P.No 2 for the transfer of the maturity amount to the S.B Account of the complainant but the O.P. No.2 instead of taking action, remained silent. Other O.Ps also did not take any action to redress the grievance of the complainant .
Due to the no Co-operation attitude of the O.Ps, the complainant suffered from hypertension and was treated by Dr.Sidhartha Dash,Medicine Specialist, Dist. Headquarter Hospital, Nayagarh who prescribed him some medicines and advised him complete rest. The complainant again met the O. Ps for payment of the maturity amount but the O.Ps did not pay him the maturity amount and remained silent .
As per the complainant the O.Ps have not performed their duty in the manner in which they are expected to do so and as such the O.Ps are guilty of deficiency in service for which he has undergone harassment, hypertension and mental agony.
The complainant has approached this Forum with a prayer to direct the O.Ps for payment of the maturity amount of Rs.1,00,000 with 18% interest per annum from 21.10.08 till the date of payment, to direct the O.Ps to pay him Rs.40,000/- towards harassment and mental agony and Rs. 5,000/- towards litigation expenses .
The complaint petition is supported by affidavit . The complainant has filed xerox copies of some documents which are marked as Annexure-1 to Annexure-7.
The O.Ps have been set ex-parte
On the pleading of the complainant, we take-up the issue
of deficiency in service for adjudication .
F I N D I N G S
Section (2) (1) (g) of the C.P ACT defines “Deficiency” as under :-
“Deficiency means any fault,imperfection,shortcoming or inadequacy
in the quality,nature and manner of performance which is required to be
maintained by or under any law for the time being in force or has been
undertaken to be performed by a person in pursuance of contract or
otherwise in relation to any service ”.
The complainant has alleged deficiency in service on the part
of the O.Ps as the O.Ps did not pay him the maturity amount. The complainant had deposited Rs. 50,000/- on 20.4.2002 in the Itamati Branch of the Uerban Co-operative Mercantile Finance Ltd., Nayagarh. under Re-Investment plan. The date of maturity was 20.10.2008 . The Re-Investment plan number was 000123, L.F. No.278. The maturity amount was Rs.1,00,000/-. After the maturity date when the complainant approached O.P.No.2 for the payment of maturity amount, O.P.No.2 advised him to approach O.P.No1. O.P.No.1 advised him to submit an application to O.P.No.2 for transfer of the maturity amount to the S.B. Account No.205 dt. 9.4.2002. But O.P.No.2 did not take any action for the above said transfer of money to the S.B. Account of the complainant. Thereafter the complainant submitted application to all the O.Ps but the O.Ps remained silent. Due to the above said reasons the complainant was harassed and underwent hypertension and the doctor who treated him prescribed some medicines and advised him complete rest. According to the complainant due to the inaction of the O.Pa in paying him the maturity amount he has undergone harassment and mental agony and as such the O.ps are guilty of deficiency in service.
Annexure-1 to Annexure-6 are filed by the complainant.
Annexure-1 relates to the xerox copy of the application dt.24.10.08 of the complainant to the O.P.No.2 ;in the matter of transfer of his maturity amount to the S.B. Account .
Annexure-2 relates to the xerox copy of the application dt. 24.10.08 of the complainant to O.P.No.4 in the above said mater.
Annexure-3 relates to the xerox copy of the letter dt. 24.10.08 to O.P.No.3.
Annexure-4 relates to the xerox copy of the letter dt. 24.10.08 to O.P.No.1.
All the above letters relate to the request by the complainant to the O.Ps for the payment of his maturity amount or transfer of the maturity amount to the S.B .Account No. 205 of the complainant.
Annexure – 5 is the xerox copy of Re-Investment plan No.000123, L.F.No.278 which shows that Rs.50,000/- has been deposited by the complainant on 20.4.02 and the maturity date is 20.10.08 and the maturity value is Rs.1,00,000/-
Annexure-6 is the xerox copy of the cover note of the S. B .Account No.205 of the complainant.
Annexure-7 is the xerox copy of the medicine prescription by Dr .Sidhartha Dash.
In the light of the above said analysis we find that the complainant had deposited Rs.50,000/- in R.I.P.No.000123, L.F.No.278 on 20.4.02 with maturity date of 20.10.08. The maturity amount is Rs.1,00,000/-.
The complainant has approached O.P.No.2 on 21.10.08 to receive the maturity amount. O.P.No.2 instead of paying him the maturity amount has advised him to meet O.P.No.1. When the complainant met O.P.No.1, the O.P.No.1 advised him to request O.P.No.2 to transfer the maturity amount to the S.B. Account No.205 of the complainant and the complainant approached O.P.No.2 for the same. O.P.No.1 also had written to O.P.No.2 for transfer of the maturity amount to the S.B. Account of the complainant. But O.P.No.2 remained silent. Thereafter the complainant approached all the O.Ps through written application to transfer the
maturity amount to the S.B. Account No.205. He has also requested the O.Ps to pay him his maturity amount of Rs.1,00,000/-. But the O.Ps have taken no steps either to pay the maturity amount of Rs.1,00,000/- or to transfer the maturity amount to the S.B. Account of the complainant.
In the above said circumstances of the case we are of the opinion that the O.Ps have not performed their duty in the manner in which they are expected to do so and as such we hold that the O.Ps are guilty of deficiency in service.
Hence it is ordered .
O R D E R
The complainant’s case is partly allowed ex-parte against the O.Ps. The O.Ps are directed to pay Rs.1,00,000/-(Rupees One lakhs) only to the complainant with 12% interest per annum from the date of maturity i. e. from 20.10.08 till the date of payment. The O.Ps shall pay Rs.1000/-(Rupees One thousand) only as litigation expenses to the complainant. The O. Ps shall carry out this order within 2 (two)months from the date of communication of this order.
Sri P. K. Pattanaik
President .
Sri Pravakar Mishra Smt. Binodini Devi
Member Member