The Complainant Sri Haralal Borman is a petty trader of Chokitop Natun Basti under Nagaon P.S.  earning his livelihood doing small business. The O.P. Assam State Co-operative Agriculture and Rural Development Bank for short (ASCARD Bank), O.P.No.1 and Union Co-operative Bank Ltd. (O.P.No.3) being Co-operative Bank under statute are doing banking business, having tie up between them. Thus the O.P.No.3 receives and accepts deposit from the account holders of O.P.No.1.

The O.P.No.3, through their Branch Office, Nagaon (O.P.No.5) issues passbooks, certificates of the deposits of the general public in respect of daily savings, other saving accounts and fixed deposits etc. in the name of O.P.No.1 and maintains records thereof. Thus being insisted by O.P.No.5, the complainant had opened A/C No.769/3 for which the O.P. No.4 representing O.P.No.3 issued passbook on behalf of O.P.No.1. An amount of Rs.25900.00 only was deposited by the complainant in that A/C No.769/3 as on 25/05/2007. But thereafter the O.P.No.3 has withdrawn O.P.No.5 from Nagaon without information to the general public. On inquiry, the complainant could know that function of O.P.No.5 has been assumed by O.P.No.3 after such abolishtion and O.P.No.3 thus returned the deposited amounts to all account holders of O.P.No.5 being the deposit wing of O.P.No.1.

The complainant also opened another daily deposit account No.14534 on 17/02/2007 in O.P.No.3 through O.P.No.5. An amount of Rs. 4750.00 accumulated in that account as on 22/05/2007. No further deposit could be effected as O.P.No.5 ceased to collect such daily deposit from that date, i.e. the date of their withdrawal from Nagaon.

An amount of Rs.10,000.00 was also fixed on 05/03/2007 for 36 months with O.P.No.5 by the complainant for which certificate No.FDR.01453 was issued. The maturity value of that amount stands at Rs.12,808.00. Although, O.P.No.5 is untraceable after its withdrawal, O.P.No.1 and 3 are duty bound to refund above mentioned amounts to the complainant. Accordingly, the complainant approached them, but to no help. So, Pleader’s notice was issued against them through advocate Smti. Kalpana Sava Pandit on01/03/2008 which was duly served upon them on 19/03/2008 still the amounts are not paid to the complainant. Hence, this complaint to this Forum with prayers to direct O.P.No.1 and 3 to make payment of above mentioned deposits with interest @12% PA from the date of their account till realization, compensation of Rs.25,000.00 for causing harassment, mental agony etc.

On noticed, only O.P.No.2 representing O.P.No.1 has appeared and submitted their written statement. Other O.Ps have not turned up and so the complaint against them was set for ex-parte decision. Vide his written statement dated 12/05/2008, Sri Pradip Kr. Nath, ACS, in the capacity as Chief Executive Director, ASCARD Bank (O.P.No.1) had controverted the name of O.P.No.1 not to be Assam State Co-operative Agricultural and Rural Development Bank Ltd., (Deposit wing) as mentioned by the complainant and he (O.P.No.2) does not represent such bank. He is the Chief Executive Director of Assam State Co-operative Agriculture and Rural Development Bank Ltd (ASCARD) appointed by the Government of Assam. It is also stated that his such bank has no tie up with the Union Co-operative Bank Ltd. (O.).No.3) to issue any passbook, certificate of fixed deposit etc. to any depositor keeping any amount in deposit with O.P.No.3 and 5. In short, the O.P.No.2 does not represent O.P.No.1 nor they have any link of banking service with O.P.No.3,4,5 etc.

On receipt of such written statement from O.P.No.2, it transpires that the complainant use word ‘Agricultural’ instead of Agriculture in the name of O.P.No.1 and O.P.No.2 took advantage therefrom. So, later on, this mistake was corrected by amendment of the complaint petition and fresh notice was issued to the O.P.s who subsequently remained absent and silent as to the complaint of the complainant. Therefore,  the complaint has to be set for ex-parte decision against all the O.Ps including O.P.No.2.

In the ex-parte evidence of the complainant on affidavit, he has supported the averments of the complaint petition and proved the documents viz savings passbook of A/C No.769/03 issued by ASCARD Bank (ext.1), Mini deposit passbook of A/C No.14534 issued by O.P. No.3 (ext.2), fixed deposit certificate No.01453 of O.P.No.1 (ext.3), receipt of Rs.10,000.00 by O.P. No.3 (ext.4) for fixed deposit.

We have perused the records, evidence of the complainant and considered the contents of the documents. Therefrom, it is revealed that passbook under ext.1 and fixed deposit certificate under ext.3 were issued by O.P.No.1 in favour of the complainant. The amount of ext.1 as on 25/05/2007 was Rs.25,900.00 while that of ext.3 was 10,000.00 to be matured at Rs.12,808.00 after 3 years from 05/03/2007 i.e. on 05/03/2010. This indicates that as to this amount of fixed deposit, the complainant’s cause of action has not arisen even on this date.

Again, as per ext.2, the O.P.No.3 is seen to have issued this passbook in the name of the complainant. But the entries made therein are not clear as to what amount stands due to the complainant. The complainant fails to clarify how he is entitled to get Rs.4750.00 as on 22/05/2007 as entries in ext.2 are not with signature of any authorized person. So, we consider that the complainant’s cause of action as to this amount is not genuine. Hence, upon evidence of the complainant and on the basis of contents of ext.1, we hold O.P.No.1 liable to pay the amount of Rs.25,900.00 (Rupees twenty five thousand nine hundred) only to the complainant and that too with interest. In ext.1, there is no mention of any rate of interest. From ext.3, it is known to be @8.5%. So, we direct O.P.No.1 represented by O.P.No.2 to pay off Rs.25,900.00 (Rupees Twenty Five thousand Nine hundred) only to the complainant with interest @8.5% PA from 25/05/2007 to this date of Judgment and Order. To do this, we allow them two months times from the date of receipt copy of this order, failing which further interest @5% PA will accrue on the amount (Rs.25,900.00 + interest 8.5%) from this date till realization.

Inform both the O.Ps and the complainant by furnishing a copy of this Judgment.