Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : None
Date of filing of the case :27.03.2019
Date of Disposal of the case : 17.02.2023
(2)
Final Order / Judgment dtd.17.02.2023
Complainant above name filed this complaint against the aforesaid OP U/S 12 of the Consumer Protection Act 1986 alleging deficiency in service.
He alleged in the petition of complaint that he took loan from OP and on that time he deposited two KVP amounting to Rs. 10,000.00 (Rupees Ten thousand) each. Thereafter he paid the entire loan amount but in spite of his repeated requests OP did not refund original KVPs. Hence he filed this case.
OP is not contesting the case. Even he did not turn up in UPBHOKTA LOK ADALAT held on 28.01.2023 though notice relating to UPBHOKTA LOK ADALAT was sent to him.
Complainant filed affidavit in chief and also filed certain documents through firisti.
Documents
- Xerox copy of 2 KPVs vide no.92CD 968309 dtd. 25.02.2008 & 92CD 968310 dtd. 25.02.2008
- Copy of letter of Branch Manager, Bangio Gramin Vikash Bank, Panighata Branch dtd. 20.05.2019.(Original)
Decision with reasons
It is the allegation of the complainant that he took loan from OP and on that time he deposited two KVP amounting to Rs. 10,000.00 (Rupees Ten thousand) each. Thereafter he paid the entire loan amount but in spite of his repeated requests OP did not refund original KVPs. Hence he filed this case.
On perusal of documents issued by OP dated 20.05.2019 we find that he admitted that aforesaid two KVPs of complainant was deposited in his bank and same were misplaced. We also find that OP prayed for duplicate copy of KVP before Sub-Post Master Pagla Chandi Post Office. He also made correspondence with the said Post Office but fact remains that till date complainant did not get the original two KVP vide no.92CD968309 amounting to Rs.10,000.00(Date of issue 25.02.2008, date of maturity 25.08.2013) and vide no. 92CD968310 amounting to Rs.10,000.00 (Date of issue 25.02.2008, date of maturity 25.08.2013).
As the complainant did not get the aforesaid two KVPs as a result he could not encash the two KVPs amounting to Rs.40,000.00 (Rupees Forty thousand) as on 25.08.2013, even he could not reinvest the said amount for the further period. It is the total negligence on the part of the OP and no mercy is applicable for him.
(3)
Having considered the facts and circumstances of this case, evidence on records and documents on record we find that complainant has able to established
that OP did not return the aforesaid two KVPs in favour of the complainant till date which amount to deficiency in service. As a result he sustained mental pain and agony and accordingly complainant is entitled to adequate amount from the OP as compensation.
So necessary direction should be given to the OP for refund of maturity value of aforesaid two KVPs and interest for the further period and OP should be asked to pay adequate compensation as well as cost of the case.
In the result present case succeeds. Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against OP with cost of Rs.3,000.00(Rupees three thousands) to be paid by OP in favour of the complainant.
OP is directed to pay maturity value of aforesaid two KVPs amounting to Rs.40,000.00 (Rupees Forty thousand) and to pay further interest @ 18% (as it was applicable in the year 2008) from 25.08.2013 (date of maturity of aforesaid 2 KVPs) till the date of actual payment positively within 30(thirty) days from this date failing which complainant shall have liberty to put this order into execution.
OP is further directed to pay Rs.20,000.00(Rupees Twenty thousands) to the complainant as compensation for his physical harassment and for his mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.
(4)
After payment of the aforesaid amount Bangio Gramin Vikash Bank
Authority can recover the same from the concerned employee of the said Bank who is responsible for the missing of aforesaid 2 KVPs.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP for compliance.
Let a copy of this order be sent to the Chairman Bangio Gramin Vikash Bank for his information and necessary action.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
