DATE OF DISPOSAL: 15.01.2019.
Sri Karuna Kar Nayak, President.
The complainant Basanta Kumar Gantayat has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties ( in short the O.Ps ) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that he was working in the Odisha State Road Transport Corporation at Bhubaneswar and retired from service on 31.05.2015 on attaining the age of 58 years and now he is a senior citizen of the country. After retirement from service, the complainant received the retirement benefits from the employer i.e. Rs.2,41,533/- towards (U.L. Salary) and Rs.3,50,000/- towards gratuity and deposited the same on 21.09.2015 and on 03.11.2015 respectively in the United Bank under O.P.No.1. The complainant is operating the Savings Bank Account No. 0243010104409 under the O.P.No.1 for the last 35 years and continuing the same till date. On receipt of the aforesaid retirement dues through cheque, the complainant deposited the same in the bank of the O.P.No.1 on 21.09.2015 and 03.11.2015 respectively in SB account. At the time of deposit, the said amount of Rs.2,41,533/- and Rs.3,50,000/-, at the relevant time Sri Brundaban Patra, was functioning as Branch Manager, United Bank of India, Berhampur, advised the complainant to convert the amount in to ‘Bonanja’ account. So that the complainant can get more interest i.e. 7.5% as against 4% of the S.B. account. It was further advised that it will be convenient to draw any amount as and when required from the deposited amount leaving minimum of Rs.10,000/- to maintain the S.B. account. Hearing the proposal, the complainant agreed for the same and submitted written option on the date to convert the amount of SB into Bonanja account. The complainant was accordingly drawing the amount as and when required and maintaining the said account. On 27.04.2017 the complainant approached the bank counter for submission of Form No.15-G and on verification, the complainant came to understand that in spite of written submission for operation of Bonanja account, the same was not converted which came to the surprise of the complainant. But the officer in the counter knowing the detail position, immediately took steps and Rs.6,10,000/- was transferred and converted into a Bonanja account with ID No. 0243100524940 on dated 27.04.2017 which has been reflected in the SB pass book. Due to latches on the part of the Branch Manager, Sri Brundaban Patra of the O.P.No.1, the complainant has been harassed and putting to the loss of Rs.39,000/- towards the enhanced interest of 7.5% for 20 months. The complainant immediately thereafter submitted petition on dated 06.05.2017 to the O.P.No.2 with a copy to the O.P.No.1 for necessary redressal. Even on receipt of the petition dated 06.05.2017, the O.Ps kept silent without any action and the complainant is still suffering under harassment and mental agony for deficiency of services on the part of the O.Ps. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to pay Rs.39,000/- towards the enhanced interest @7.5% instead of 4% which is calculated at Rs.39,000/- from the month of November 2015 to till 26.04.2017, compensation for Rs.10,000/- towards harassment & mental agony and litigation cost of Rs.3000/- in the best interest of justice.
3. Upon notice the O.P.No.1 filed version through his advocate. It is stated that the averments made in complainant against O.P.No.1 are not true and they are not admitted by this O.P. The complainant is put to strict proof of his complaint allegations by documentary evidence which are specifically denied by this O.Ps. The contents in Para-1 to 5 of the complaint stating are not fully correct. Admittedly the complainant is banks’ account holder. The Branch Manager United Bank of India, Berhampur was not advised to the complainant’s deposited amount Rs. 2,41,533/- and Rs.3,50,000/- to convert the amount into Bonanja account, so that the complainant can get more interest i.e. 7.5% as against 4% of saving bank account as and when required from the deposit amount leaving minimum of Rs.10,000/- to maintain S.B. account. The complainants in Para-6 to 7 of the complaint stating are false and baseless. The complainant have not been submitted written option on the date to convert the amount of S.B. into Bonanja account and also he was according by drawing the amount as and when required and maintaining the said amount. The content of Para-8 is not fully correct. On 27.04.2017 the complainant approached the bank counter for submission of Form No. 15 G and on verification the complainant come to understand that inspite of written submission for operation of Bonanja account the same was not converted which came to surprise of the complainant is false. On 27.04.2017 the complainant told to the Bank officials to transfer Rs.6,10,000/- to Bonanja account, so the bank official legally do the same. The contents of Para-9 stated by the complainant is false, the Branch Manager, Sri Brundaban Patra of O.P.No.1 was not harassed to the complainant and not liable to pay loss of Rs.39,000/- towards interest of 7.5% for 20 months. The contents of Para-10 and 11 stated the complainant immediately thereafter submitted petition on 06.05.2017 to the Bank for only take false plea to make a false story of filing this case. The complainant’s S.B. Account statement reveals that he knows everything about the deposit amount. The Branch Manager binding the rules and regulations of bank and he is dealing with public money and he has no intention to harass the complainant. The complainant show stated against the O.P. to give colour to his story. The O.P. Bank has nothing to do in the matter without consent of the complainant and intimated to the complainant on dated 16.05.2017 in memo No. UBI/BHG/BEP/6643-17. According to the complaint the matter is in the year 2015, he made several transactions in the account. How he remained silent all these years. This case is not maintainable either in law or in fact and liable to be dismissed. The complainant is not entitled fort any relief as prayed and the case may be dismissed with cost in the interest of justice.
4. On the dates of hearing of the consumer complaint learned counsel for the complainant and O.P.No.1 were present. We heard argument from both sides at length. We perused the complaint petition, written version, written arguments and documents placed on the case record. It reveals that the complainant has deposited Rs.2,41,533/- and Rs.3,50,000/- vide S.B. Account No. 0243010104409 in O.P.No.1’s Bank on 21.09.2015 and 03.11.2015 respectively. The aforesaid amount has also been reflected by O.P.No.1’s Bank in the Bank Pass Book of the complainant. The complainant fails to file any documentary evidence that he has deposited the aforesaid money either in Bonanja account or Sri Brundaban Patra, the then Branch Manager of United Bank of India, Park Street, Berhampur had advised him to connect the aforesaid amount in to Bonanja account. It is also pertinent to mention here that the complainant has also made several transactions in his account with O.P.No.1’s Bank after the aforesaid deposits. Further it is also reveals that the O.P.No.1 has also transferred from complainant’s S.B. Account to Bonanja account on 27.04.2017.
5. On foregoing discussion, it is clear evident that the O.Ps are not negligent in rendering proper service to the complainant. Hence, in our considered view there is no deficiency in service on the part of the O.Ps.
As a result, the complainant’s case is dismissed against O.P.No.1 on contest and on exparte against O.P.No.2 without cost.
The order is pronounced on this day of 15th January 2019 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of
