14/01/2016:  The case of the complainant Smti Rina Sarmah, in brief, is that on 12/01/09 she obtained a fixed Deposit Receipt being No. 054504 for Rs.30,000/-(Thirty thousand) only initially for a term of one year with Interest @ 10.5% and for another period of 3(three) years @ 7.25% w.e.f 12/01/10 from the opposite party Bank. But for one wild reason or other, as averred in the complainant, the Bank failed to credit the maturity proceeds of the FDR into her S.B account No.7041010001783 with the FDR attaining maturity on 12/01/13. Except an amount of Rs.30,000/-(Thirty thousand)being, credited into her account only on 02/08/2013 the Bank failed to credit the balance of the FDR maturity proceeds into her said S.B Account. The Bank even failed to reply to her Pleaders notice sent on 03/10/2013. Hence this complaint before this Forum praying relief of a total sum of Rs.96,160/-(Ninety six thousand one hundred sixty)only under different heads as stated under the complaint.

                                The Complainant, supporting her case submitted her evidence on affidavit and exhibited following documents-

                                Ext-1-Pass Book of S.B.A/c of the Complainant.

                                Ext-2-Fixed Deposit Receipt.

                                Ext-3-Letter from the opposite party No.1 to the opposite party

                                         No.2(Photocopy)

                                Ext-4- to 6-Letters sent by the Complainant to the opp. party No.1.

                                Ext-7-Letter from the opposite Party No.1 to the Complainant.

                                Ext-8- & 9-Letter sent by the Complainant (Copies) to the opposite party No. 1.

                                Ext-10-Copy of Legal Notice issued to the opposite party No.1

                                Ext-11-Postal Receipt.

                                Ext-12-Delivery report.

                                Ext-13-Statement of Fixed Deposit Account.

                                The opposite parties, inspite of having sufficient opportunities given, failed to challenge the contents of the complaint by filing written version or by cross-examining the complainant.

                                In absence of any written version or cross-examination, we have found nothing to disbelieve the oral and documentary evidence. A perusal of the Ext-2 shows maturity value of the F.D.R is Rs.30,030/- and the date of maturity is 12/01/10. On the otherhand, the endorsement of the opposite party on Ext-2 shows the maturity value of the F.D.R was extended to 12/01/2013@ of Interest of 7.25%. According to the Complainant the total maturity value is Rs.37,185/-(Thirty seven thousand one hundred eight five)only. Then why the opposite party without assigning any reason arbitrarily credited only an amount of Rs.30,00/-(Thirty thousand) in the S.B A/c of the Complainant on 02/08/2013?

                                Absolutely, there is no answer on the record. From the entire materials on record, we have found that the Complainant has proved the deficient service rendered by the opposite party No.1.

                                The Complaint is also found to have been lodged well within time and Forum has jurisdiction to entertain the same.

                                In the result, we have no option but to pass order ex parte directing the opposite party No.1 to pay to the Complainant through her Saving Account with the opposite party within 30(thirty) days of receiving this order as follows-

1. An amount of Rs.7,185/-(Seven thousand one hundred eighty five) with interest @ 7.25% per annum from 12/01/13 till 08/09/2014 i.e. date of filing complaint.
2. Compensation of Rs.10,000/- (Ten thousand) only for harassment by rendering deficient service.
3. Cost of litigation of Rs.3000/-(Three thousand) only.