­IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.

CASE No.  CC/150/2014

 Date of Filing:            19.11.2014.                                                                                Date of Final Order: 11.09.2015.

Complainant:             1. Brajagopal Mahanta, S/o Madhusudan Mahanta

                                    2. Champa Mahanta, W/o Brajagopal Mahanta

                                       Both of Vill. Alampur, P.O. Sabdarnagar, P.S. Nowda, Dist. Murshidabad.

Vs

Opposite Party:           Branch Manager, State Bank of India, Trimohini Branch, P.O. Sabdarnagar, Dist.

                                        Murshidabad, Pin: 742875.

                       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 the C.P. Act, 1986 praying for payment of maturity amount of Rs.29, 548/- against the STDR No.

The complainant’s case, in brief, is that the complainants have an S.T.D.R account whose date of maturity was on 13.01.2013. After the date of maturity they requested the OP Bank for payment of the STDR amount in the name of Brajagopal Mahanta and Champa Mahanta but they refused to pay the same.  The Opposite Party stated that the certificates are in the names of Brojogopal Mondal and Champa Rani Mondal , not in the name of Brojogopal Mahanta and Champa Mahanta. The petitioner submitted the Affidavits sown before the 1^st Class Magistrate that Brajagopal Mondal and Brajagopal Mahanta, Champa Rani Mondal and Champa Mahanta are same and identical persons. The complainants have submitted identity cards and other cards in respect of their claim to the OP Bank but the OP bank asked for court’s order to proceed with the amount of matured STDR in favour of the complainants. Hence, the instant complaint.

The written version filed by the OP Bank, in brief, is that it is not known to the Op Bank that Brojagopal Mahanta and Brajagopal Mandal, Champa Mahanta and Champa Rani Mandal are same and identical persons. For this reason the dispute arose. They are not in a position to pay the same in favour of the complainants and for that reason there are no laches on the part of the OP Bank.    Hence, the case is liable to be dismissed. Hence, the instant written version.

Considering the pleadings of both parties the following points have been framed for the disposal of the case.

1. Whether there is any cause of action to file the present complaint?
2. Whether the case is barred by principle of waiver, estoppels and acquiescence?
3. Whether the case is barred by law of limitation?
4. Whether the complainant is entitled to get the relief as prayed for?    

Decision with reasons.

All the points are taken up together for the sake of convenience.

The complainant’s case is that in the STDR certificate the names Brojogopal Mondal and Champarani Mondal were erroneously written instead of Brojogopal Mahanta and Champa Mahanta. In this regard they have filed an Affidavit shown before the 1^st Class Magistrate.

The complainants have filed their evidence on affidavit and also they have shown before the 1^st Class Magistrate to the effect that Braja Gopal Mahanta and Braja Gopal Mondal and Champa Mahanta and Champarani Mandal are same and identical persons. They have also filed other relevant documents in support of their case as STDR certificate issued by the Bank, voters’ card and Adhar Card in their favour and also the letter of the OP Bank requesting for producing appropriate court’s order for realization of the proceeds of the STDR in favour of the complainants.  

Considering the evidence-on-affidavit and also the documents particularly the Affidavit sworn before the Ld. 1^st class Magistrate to the effect that Braja Gopal Mahanta and Braja Gopal Mondal, Champa Mahanta and Champa Mondal are the same and one person, we are of the view that the complainant is entitled to get order in his favour as prayed for.

Considering the above we find that all the issues are disposed of in favour of the complainant and as such the complaint be allowed.

Hence,

ORDERED

that the Consumer Complaint No. 150/14 be and the same is hereby allowed on contest.

The complainants are directed to submit the original documents as required to the OP Bank. The OP Bank is directed either to transfer the proceeds of the STDR account No. 31022776169 in favour of the complainant to his SBI Account No. 32259569214  stands in the name of Braja Gopal Mahanta & Champa Mahanta or to make payment by issuing Banker’s Cheque /DD in favour of the complainants Braja Gopal Mahanta & Champa Mahanta  within two months from the date of production of original instrument the complainant to the OP Bank, failing which the OP Bank is to pay Rs.50/- for each day’s delay as fine and the amount so calculated shall be deposited in the 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.