DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NAYAGARH .
C.C. Case No. 19 of 2009
31st. July , 2009 .
BEFORE :
Sri P. K. Pattanaik , President ,
AND
Smt. Binodini Devi , Member .
Chaitanya Dalabehera, aged about 60 years
S/o Late Jhunu Dalabehea,
At/P.O./P.S: – Nuagaon
Dist- Nayagarh.
———————- Complainant .
-Vrs-
1. The Chief Executive Officer,
Urban Co-operative Mercantile Finance Ltd.
At/P.O./P.S./Dist:- Nayagarh .
2. The Manager,
Urban Co-operative Mercantile Finance Ltd.
At/P.O./P.S./Dist:- Nayagarh
———————- Opp. Parties .
Counsel for the complainant : - Sri Biswajit Achary, Advocate .
Counsel for the O.Ps : - None
Date of appearance of O.Ps : - Set ex-parte
Date of Ex-parte hearing : – 05-08-2009
Date of Judgment : - 31-08-2009
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 opened a fixed deposit account with the O.Ps.. He had deposited Rs. 8,000-/ in the year 2003 and in the year 2007 the said fixed deposit matured . By the time of maturity the fixed deposit amount was doubled. When the complainant approached the O.Ps to receive his maturity amount the O.Ps told him to open an S.B. A/C with them for the transfer of the fixed deposit amount to the S.B. A/C . Thereafter the complainant opened a S.B. A/C on 16.8.2007 and on that day the O.Ps released Rs.2000/- in favour of the complainant and told him to come after 15 days to receive the rest amount . After 15 days when the complainant approached the O.Ps, the O.Ps refused to pay him his balance amount . Thereafter the complainant sent a Pleader’s notice on 8.1.2009 to the O.Ps . But the O.Ps did not give any reply to the said pleader’s notice .
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 under gone harassment and mental agony As per the complainant the cause of action arose on dt,17.8.2007 and on 15.12.2008 .
The complainant has approached this Forum with a prayer to direct the O.Ps to pay him the deposited amount and to pay him Rs. 2000/- towards mental agony, harassment and litigation expenses .
The complaint petition is supported by affidavit and the complainant has filed the xerox copy of the S.B. Pass Book A/C which is marked as Annexure-1 to Annexure -1/1 .
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 grievance of the complainant is that he had deposited Rs.8000/- as fixed deposit in the year 2003 with the O.Ps and when it matured in the year 2007, the amount was doubled. When he approached the O.Ps to get back his maturity amount the O.Ps told him to open an S.B.A/c and accordingly the complainant opened an S.B. A/c on 16.8.07 and the maturity amount was transferred to the S.B.A/c. The O.Ps released only Rs.2,000/- to the complainant and subsequently refused to pay him the balance amount. Annexure -1 to Annexure1/1 is the true xerox copy of the S.B Pass Book of the complainant. The account number of the said S.B.A/c is 699 dt.16.8.07. The said pass Book shows Rs.16,262/- as credit on 16.8.07. Rs.2.000/- has been debited on 17.8.07 and Rs.500/- has been debited on 20.6.08. The balance amount as on 20.6.08 is Rs.14,135/-.
The O.Ps have refused to pay the above said Rs.14,135/- to the complainant for which 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.14,135/- to the Complainant with 12% interest per annum from 20.6.08 till the date of payment . The O.Ps are further directed to pay Rs.1000/- ( One thousand ) only to the complainant towards litigation expenses. 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 .
Smt. Binodini Devi
Member