Complaint Case No. CC/31/2022 | ( Date of Filing : 19 Apr 2022 ) |
| | 1. Smt Sita Kalyani Mohapatra, | aged about 86 years, W/o late Dandapani Mohapatra, Being sick and bed ridden, represented by her Son Sri Prabhakar Mohapatra, S/O Late Dandapani Mohapatra, Prop. Bhanumati Medical Store, Old Medical Road, D.N.K. PO/PS/Dist. Malkangiri. |
| ...........Complainant(s) | |
Versus | 1. Branch Manager, Union bank of India, | Main Road, PO/PS/Dist. Malkangiri. |
| ............Opp.Party(s) |
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Final Order / Judgement | - The brief fact of the case of complainant is that on 14.09.2002 she opened one F.D. with the O.P. Bank vide receipt no. 2980184 for Rs. 5000/- with interest @ 12% p.a. for 66 months with maturity assurance of Rs. 10,105/- with automatic renewal facility and submitted her endorsement to that effect and accordingly, the said F.D. was renewed automatically in every 66 months with interest @ 12% p.a. The allegations of complainant is that on January, 2020 due to some medical purpose, she approached the O.P. Bank for the maturity amount where the O.P has advised to come on March, 2020 so that she will get her entire matured amount. The allegations of complainant is that in the second week of March, 2020 while she met with the O.P. to get back her matured amount, O.P. bank has lingered the matted and due to COVID- 19 problem, she could not contact with the O.P. and became complete bed ridden due to her ill health.It is also alleged that while her son Prabhakar Mohapatro, on behalf of complainant, contacted with the O.P. who in return refused to pay the amount stating that no such F.D. was issued by them, thus being suffered with mental agony and financial loss, and with other allegations she filed this case claiming the entire maturity value alongwith Rs. 2,00,000/- towards compensation and Rs. 20,000/- towards costs of litigation from the O.P.
- The O.P. though appeared in this case, but did not choose to filed their counter version nor also participated in the hearing, as such we lost every opportunities to hear from them.
- Complainant filed curtained documents in support of her allegations. Heard from the A/R for complainant. Perused the case record and material documents available therein.
- It is a documentary fact that the complainant had purchased one F.D. from the O.P. Bank vide receipt no. 2980184 for Rs. 5,000/- with interest @ 12% p.a. for 66 months. Complainant filed document to that effect. It is also evident from the said F.D. that there was automatic renewal system being endorsed by the complainant and accordingly, the matured amount was reinvested for another 66 months automatically till today as it is has not been either encashed or maturity amount was handed over to the complainant and the said amount was also lying with the O.P. Bank continuously since 14.09.1992 almost for about 30 years. Further the allegation of complainant is that on January, 2020 due to some medical purpose, she approached the O.P. Bank for the maturity amount where the O.P has advised to come on March, 2020 so that she will get her entire matured amount in time and in the second week of March, 2020 while she met with the O.P. to get back her matured amount, O.P. bank has lingered the matted and due to COVID- 19 problem, she could not contact with the O.P. and became complete bed ridden due to her ill health. Since the O.P. bank did not choose to file their counter to make any contradiction nor also participated in the hearing to submit their views, as such we lost every opportunity to hear from them and the allegations of complainant remained unchallenged and rebuttral and we think the O.P. bank has nothing to say regarding the present dispute.In this connection, we have fortified by the verdicts of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another that “Unrebutted averments shall be deemed to be admitted.”
- Further it is observed that it was the duty on the part of the O.P. Bank that when they received the complaint from the complainant, they should have immediately trace out the alleged F.D. lying with them and settled the matter with immediate effect as the complainant is an old lady aged about 86 years and it is quite impossible on her part to go to the O.P. repeatedly and it was also the duty on the part of the O.P. to settle the matter with immediate effect whenever they received the notice from the Commission. And without doing the same, they kept silent for months, which is grave deficiency in service on their part.
- Further it is observed as per the alleged F.D. the amount of Rs. 5000/- was deposited on 14.09.1992 for 66 months @ 12% p.a. with automatic renewal facility and in our view the complainant is entitled to receive the maturity amount on such rate of interest and on such tenure basis.
- Considering the above facts and circumstances, it is observed that due to non release of her matured amount, complainant must have suffered mentally, financially as well as physical harassment, which should not be happened in any manner, which compelled the complainant to knock the door of the Commission to seek her redress incurring some expenses and in our view, the complainant deserve to be compensated adequately. Hence this order.
ORDER The complaint petition is allowed in part. The O.P. Bank is herewith directed to pay the entire matured amount against the alleged F.D. alongwith compensation of Rs. 25,000/- towards causing mental agony and physical harassment and Rs. 5,000/- towards costs of litigation to the complainant within 45 days from the date of receipt of this order, failing which, the entire maturity amount shall carry interest 10% p.a. from the date of this order till payment. Pronounced the order in the open court on this the 5th day of September, 2022. Issue free copy to the parties concerned. | |