West Bengal

Birbhum

CC/70/2019

1.Tirtha Sankar Mondal, 2. Partha Sarathi Mondal - Complainant(s)

Versus

Branch Manager, UCO Bank, - Opp.Party(s)

SUBRATA MUKHOPADHAY

27 Sep 2022

ORDER

Shri Sudip Majumder . Member.

            The complainant files this case U/S 12 of the C.P. Act, 1986. The case of the complainant/petitioner in brief is that Tirtha Sankar Mondal and Partha Sarathi Mondal are a bonafide customer of OP/UCO Bank at Md. Bazar Branch at P.O. and P.S- Md. Bazar, District-Birbhum. The complainant has a savings account being No. 06050310054529 lying under the OP and the said account is operated by the complainant himself.

            That the complainants have a Bank Account (Joint) in UCO Bank, Md. Bazar Branch vide their Account No. 06050310054529 by which the complainants became a customer of the UCO Bank and they deposited a sum of Rs. 1,77,000/- as fixed deposit for a tenure of 12 months and the maturity amount was Rs. 1,89,719/-

            That at the time of maturity, the concerned bank authority has given only Rs. 1,87,763/- and after knowing the same the complainant went to the Bank Manager and concerned Bank Manager orally assured the complainants to rectify the same and Bank will deposit the balance amount in the account of the complainants very soon.

            That thereafter the complainant on several times visited the concerned Bank but they were falsely assured by the concerned Bank Authority several times.

            That finding no other alternative the compliant became compelled to file this complaint before the Consumer Forum for proper relief as:

 

 

1. To deposit the balance amount of the aforesaid fixed Deposit in the said account of the complainants.
2. Rs. 20,000/- (Twenty thousand) harassment cost for stress and mental agony.
3. Rs. 50,000/- (Fifty thousand) as compensation amount.

            It appears from case record that none appears from OP/UCO before this District Commission after receiving the notice. OP/UCO has not taken any steps. No written version has yet been filed by the OP/UCO. As a result of that by order No. 22 dated 07/04/2022 this Forum (Now Commission) stated for running of the instant case exparte against the OP.

Complainant side submitted evidence-in-chief. Some documents have also been filed by the complainant and compare with original documents. Ld. Advocate for complainant has submitted by a petition that their copy of the petition of complaint be treated as written notes on argument (W/N/A). Perused the petition, considered and allowed. Thereafter, Ld. Advocate for the complainant made oral argument in support of his case.

                                                         Points for determination/Issues

1.  Whether the complainant is a consumer as per definition of the term ‘Consumer’ of the C.P Act. ?
2. Whether this Commission has jurisdiction to try this case?
3. Whether there is any deficiency in service on the part of the Ops?
4. Whether the complainant is entitled to get any other relief or reliefs as prayed for?

Decision with reasons

Point No. 1:

            Evidently the complainant has an account in UCO, Md. Bazar Branch being Savings Account No. 06050310054529. Hence, the complainant is a consumer as per Sec. 2(1)d(ii) of the Consumer Protection Act, 1986.

Point No. 2:

            Pecuniary jurisdiction of this Forum as per Sec. 11(1) of the Consumer Protection Act, 1986

i.e. Rs. 20,00,000/- (now as per C.P. Act 2019 i.e. Rs. 1 crore). OP/SBI, Rampurhat Branch situated in Birbhum District i.e. within the territorial jurisdiction of this Forum/Commission as per Sec. 11(2) of the Consumer Protection Act, 1986. So, this Forum/Commission has territorial and pecuniary jurisdiction.

            It appears from the copy of the plaint that the cause of action arose on and from 14^th March, 2018.

Point No. 3:

            That the complainant filed a complaint regarding not getting the maturity value of a fixed deposit being account No. 06050310054529 amounting of Rs. 1,77,000/- which will be amounted to Rs. 1,89,719/- but actually he got Rs. 1,87,763/- which is Rs. 1956/- less than the original amount.

           

 

On 30/08/2018 complainant also complained regarding this matter to the Higher Authority of OP/UCO Bank, but no steps taken by the OP side. Complainant also filed 15G on 09/04/2018.

            On 09/10/2018, complainant also complained regarding this matter to the assistance director, Consumer Affairs and Fair Business Practices, Birbhum Regional Office, Suri.

            Considering over all matter and the materials on records we are constrained to hold that the complainant has been able to prove his case of deficiency in service by the O.P as they did not deposited the balance amount of Rs. 1956/- i.e. Rs. (1,89,719/-_1,87,763/-) to the complainant’s account.

Point No. 4:

            As in this case, it is proved that there is deficiency in service on the part of the OP.

            Hence, the complainant is entitled to get relief or compensation as prayed for.

            Thus, all the points are decided in favour of the complainant.

            The Petition of complaint is sufficiently stamped and proved beyond all reasonable doubt.

• In Chengalrayan Cooperative Sugar Mills Vs. Oriental Insurance Co. Ltd. & Anr. (2000) 10 SCC 213 it was held that “Interest ought to have been awarded from the date on which the claim was filed before the Forum.”
• In Krishna Bhagya Jala Nigam Ltd. Vs. G. Harishchandra Reddy & Anr. (2007) 2 SCC 720 it was held that “Only 9% interest be awarded on refund matter.”

            In the instant case as per view of the Hon’ble Apex Court in several cases the interest will be given @ 9% p.a. from the date of filing of this case.

                        Hence, it is,

                                    O R D E R E D,

                                                            that the instant C.F. Case No. 70/2019 be and same is allowed exparte in part against the OP/UCO Bank.

            The OP is directed to deposited the said balance amounting of Rs. 1956 (One thousand nine hundred fifty six only) i.e. Rs. (1,89,719/-_1,87,763/-) to the complainant along with interest thereon @ 9% per annum calculating on and from 23/07/2019 (i.e. from the date of filing of this case) to till realization. The OP/UCO Bank is also directed to pay Rs. 5000/-(Five thousand) to the complainant as compensation as against mental agony and harassment to the complainant.

The entire decree will be complied by the OP within 45 (Forty five) days from this date of order, in default the complainant is at liberty to put this order in execution in accordance with law.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.