BHOLANATH BEHERA Vs. AMULYA KUMAR MISHRA & ORS

JUDGEMENT

(1.) THE complainant had opened one R.D. Account bearing No. 1155156 on 30.10.1995 in the Lions Finance Corporation Ltd., Boudh Branch represented by its officials (the O.Ps.). He deposited Rs. 18,000 in the said corporation and was issued a pass book on payment of Rs. 20. The O.Ps. assured to pay the maturity amount of Rs. 21,960 after three years. On maturity complainant approached O.P. No. 4 in the month of November'98 for receipt of the maturity amount within 7.3.1999. O.P. No. 4 issued a cheque for Rs. 7,310 to complainant to encash the said amount. But the Boudh Co -operative Central Bank returned the cheque with a remark that the account No. 2873 of O.P. No. 4 had already been closed since 6.2.1999. Complainant reported the matter to I.I.C. Boudh Police Station. The matter was settled between the complainant and O.P. No. 4. O.P. No. 4 agreed to pay all the dues to complainant by 7.3.1999. Since that was not done, the complainant served legal notice on 10.1.2000 to O.P. No. l reporting the aforesaid matter with a request to pay the maturity amount but there was no response. Being aggrieved complainant filed this complaint against the O.Ps. to pay the maturity amount with 18% interest along with Rs. 10,000 towards compensation as well as Rs. 5,000 towards cost of litigation.

(2.) O .P. Nos. 1, 2 and 3 appeared and filed their written statement denying the allegations made by the complainant. O.P. No. 1 submitted that he was in no way liable as he had been transferred to Bhubaneswar Head Office by the time complainant's amount was due for payment. O.P. Nos. 4 and 5 neither appeared nor filed any written version and hence was set ex parte.

(3.) THE District Forum, after taking into account the pleadings and the evidence led by the parties, directed O.P. No. 4, Sri Bholanath to release Rs. 21,960 along with 16% interest per annum from the date of maturity, i.e. 1.11.1998 till actual payment in favour of the complainant. Besides, this O.P. No. 4 was directed to pay Rs. 2,000 towards the cost of litigation to the complainant within 30 days from the date of receipt of this order, failing which action should be taken against him under Section 27 of C.P. Act.