IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /164/2015..

 Date of Filing: 24.11.2015.                                            Date of Final Order: 30.05.2016.

Complainant: Maniklal Dutta, S/O Late Bhanuja Behari Dutta, Mulan Hotel (near Kalpana House)

                        P.O.Khagra, P,S. Berhampore Town, Dist. Murshidabad, Pin 742103.

-Vs-

Opposite Party: 1.Branch Manager (Main Br.). Dist. Central Co-operative Bank Ltd,

                           48 B.B. Sen Road, P.O. Khagra, P.S. Berhampore Town, Dist. Murshidabad.

                            Pin-742103.

                           2. Madhumita Dutta, D/O Maniklal Dutta, 124, A.C. Road, P.O. Khagra,

                           P.S. Berhampore Town, Dist. Murshidabad . Pin 742103.

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 

                                                Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Sri Anupam Bhattacharyya, Presiding Member.

 The instant complaint has been filed by the complainant u/s 12 of C.P. Act, 1986 praying for order directing the OP Bank to allow operating the fixed deposit amount exclusively and to possess and to obtain the exclusive right over the fixed deposit certificate and other relief/reliefs if any.

The complainant’s case, in brief, is that the complainant fixed deposited the amount received as retirement benefit namely Gratuity & P.F on his retirement on 31.03.2008 from Kandi Co-operative & Rural Development Bank Ltd jointly with OP No.2 –daughter with E or S Option basis. At that time the he had strain relation with his wife. Taking the advantage of his mental depression he was admitted in mental hospital in January, 2010 and had to stay up to 1.7.11 though he was mentally fit. In the month of February ’11 he had to leave his house. All the original T.D. certificates were in the custody of OP No.2, his daughter and wife. His daughter, OP No.2 gave objection to the Bank not to withdraw interest by him. Then, complainant filed case No. 67/12 before the Forum which was allowed on contest on 31.07.13 as a result he was allowed to withdraw interest from those fixed deposits and original fixed deposit certificate were filed by his daughter and withdraw interest of F.D. Then, Op no.1 opened a new A/c in the name of the complainant where interest of D.D. used to transfer. On 7.4.14 the OP No.1 informed the complaint about a F.D. amounting to Rs. 2,72,000/- received as retirement benefit and then the filed a complaint case No. 117/2014 on 28.8.14 praying for direction to operate and to renew and to withdraw the and the same was allowed on contest on 13.2.15. Thereafter, on 16.8.2015 the OP No.1 Bank informed the complaint by letter to produce valid court order to obtain exclusive right to operate the F.D. certificate. To meet the present price hike the complainant wants to withdraw the F.D. from the OP-Bank and to invest to elsewhere for profitable purpose. For that the complainant has filed the instant case. Hence, the instant complaint.

                                                      Decision with reasons.

This complaint is for passing order in favour of the complainant that he possesses exclusive right for direction upon the OP-Bank to allow the complainant to operate the F.D. mentioned in the schedule of the instant complaint petition as per his wish.

This case has been taken up ex parte against the OP No.1 Bank and Op no.2 –daughter of the complainant.

The complainant has filed evidence on affidavit and the relevant documents in support of his case.

There is no rebuttable evidence to rebut the evidence adduced by the complainant.

The complainant has filed this case on 24.11.15 after receiving the letter dt. 16.8.15 from the OP No.1 Bank asking for court order to obtain exclusive right as well as to operate the fixed deposit certificates as per wish of the complainant.

The complaint has filed the impugned letter dt. 24.11.145 of the OP No.1 Bank and the contested judgment of this Forum in CC/67/12 passed on 31.07.2013 and the ex parte judgment passed in CC 117/14 on 13.12.15.

No appeal has been preferred against that judgment and order of those judgments has been duly complied.

On both those judgments there was direction upon the OP no.2-daughter of the complainant to submit the original FD certificates and original Pass Book before the OP No.1-Bank and OP no.1 Bank was directed to allow the complaint to renew all the F.D as per terms and conditions and also to allow the complaint to operate.

The complaint is a retired bank employee and he has no pension and he is to depend solely on interest from his F.D.

From complaint petition it appears that now the complainant wants to withdraw the F.D. from the Bank due to low interest and to invest the same for profitable purpose due to price hike to meet his livelihood.

The OP No.2 is the joint A/c holder of those F.Ds.

In this case OP no.2-daughter has not turned up.

The OP No.2 raised main objection in the earlier two cases in 67/12 and 117/14 for the mental fitness of the complainant to operate the A/C.

There was no dispute as to the absolute exclusive right of the complainant over those F.D.

The only dispute was mental fitness and the same was decided and direction was given upon OP No.2 –daughter accordingly she submitted all the original FDs and upon OP No.1 Bank to allow the complainant to renew and also to allow the complainant to operate the bank A/C.

This order clearly shows the exclusive right of the complainant over the FDs.

For absence of any rebuttable evidence from the OPs being the case is taken up for hearing ex parte we have no other alternative but to conclude on the basis above discussions that the complainant is entitled to get relief as prayed for.

Hence,

                                                        Ordered

that the Consumer Complaint No. 164/2015 be and the same is hereby allowed ex parte. There will be no order as to cost.

The OP is directed to allow the complainant to operate the Fixed Deposit Account as and exclusively to posses and to obtain the exclusive right over the fixed deposit certificate as and when the complainant asked for , failing which the OP is to pay Rs.50/- as fine for each day’s delay and the amount so accumulated shall be deposited in the State Consumer Legal Aid Account. 

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.

        Member                                                                                                        President