OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAGATSINGHPUR
PRESENT:- SRI S.N.MISHRA,PRESIDENT.
A N D
SRI B.C. SWAIN, MEMBERS.
MRS. M.M.RATH, MEMBERS.
Consumer Complaint No.154 of 2008
Date of Filing: -20.12.2008
Date of Judgment: -12.06.09
Abhimanyu Sahoo
s/o-Sikhar Sahoo
At/Po-Puran
Via-Anakhia
Dist-Jagatsinghpur
………………………………complainant
Versus
1. Gateswar Multipurpose
Co-operative ltd.
Regd Office
At-Bionla,
Dist-Jagatsinghpur
Represented through the
President
Pravash Chandra Swain
At – Guhal kula
Po-Eranch
Ps-Niali
Dist-Cuttack
2. Ananda Prasad Das
Secretary,
Galeswar Multipurpose co-operative ltd
Regd.Office at-Bionla
Po-Kantilo,Mandasahi
Dist-Jagatsinghpur
3. Tapas kumar Dash
Branch Manager
Gateswar Multipurpose co-operative Ltd.
Branch Office
At/Po-Gadama
Ps/Dist-Jagatsinghpur
…………………………Opp.parties
For complainant :- Sri A.Mohanty , Advocate
O.P.No.1 & 3 :- Exparte
In short the complaint of the complainant is that vide A/c bearing No.G/G/424/07/DL a sum of Rs.10/- and vide A/c bearing No.G/G/38/07/FD he has deposited Rs.6,000/- on 20.03.07 with o.p.no.3 (Gateswar Multi purpose co-operative Ltd.) at it’s address for one year and obtained receipts but necessary bond and pass book has not been given to him. The matured amount has not been given to him despite repeated persuasion since the date of maturity i.e. 20.03.08 hence he sustained mental agony.
The o.p.no.1 & 3 despite their due knowledge of this proceeding did not like participation hence proceeded exparte vide order 5 dtd.11.02.09 and vide order 6 dtd.13.03.09.
The o.p.no.2 is deleted out cause title vide order 8 dtd.02.04.09 as complainant did not like to proceed against him.
Out of such pleadings of the complainant as stated above it is evident that complainant has deposited Rs.10/- on dtd. 20.03.07 vide A/c bearing No.G/G/424/07/DL and Rs.6,000/- vide A/c bearing No.G/G/38/07/FD with Gateswar multipurpose cooperative Ltd. At its Bionla office at Jagatsinghpur and obtained printed pass book and receipts under his hand and seal marked (1,2,2/1) respectively, as such he is coming within meaning of the Act. Having hired the services of such institution i.e. o.p.no.3 by dint of such deposits towards consideration . the terms and conditions of the deposit is not brought and record. The o.p.no.1 & 3 despite their due knowledge of this proceeding did not feel necessity of contesting this proceeding to rebut the allegation alleged against them, on the contrary , the innocent depositor – complainant who has saved such money with o.p.no.1 & 3 keeping firm faith of them now is moving from pillar to post to get it back, there by, subjected to harassment and humiliation. His hard earned savings can no way be denied to him with due interest. The o.p.no.1 & 3 as are not opposing to such deposits of complainant perhaps are ready and willing to pay him back the same if be directed in process of law. In view of such admitted facts substantiated with evidence on record such as mark-1 & mark-2 to 2/1 it would not be unjust to direct the o.p.No.1 & 3 to pay Rs.6,010/- with 9% interest per annum from 20.03.07 till the date of payment to complainant with cost of this proceeding fixed at Rs.500/- in the ends of natural justice.
ORDER
In the result this complaint is allowed exparte against o.p.no.1 & 3 with cost at Rs.500/- jointly and severally. The o.p.no.1 & 3 are directed to return Rs.6,010/- to complainant with 9% interest per annum from 20.03.07 till the date of payment to complainant within 30 days from the date of this order.
Pronounced in the open forum on this 12th day of June,2009.
Smt.M.M.Rath B.C.Swain S.N.Mishra
MEMBER MEMBER PRESIDENT