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

Case No.  CC/117/2014

 Date of Filing:              28.08.2014.                                                                                      Date of Final Order: 13.02.2015.

Complainant:  Maniklal Dutta, S/O Late Bhanuja Behari Dutta, of Mulan Hotel(Near Kalpana House                                P.O.Khagra, P.S. Berhampore Town, Dist. Murshidabad.     

-Vs-

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

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

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

                            Town, Dist. Murshidabad.

 Ld. Advocate Pranab Kumar Das for the complainant

Ld. Advocates Saibendra Nath Sarkar & Partha Majumder for OP No.1

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

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

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

FINAL ORDER

Presiding Member: Smt. Pranati Ali, Member

Brief facts of the complainant’s case u/s 12 of the C.P. Act, 1986, is that after retirement from the service, the complainant Maniklal Dutta, got some amount of gratuity and Provident Fund, which he kept with the OP No.1 /District Central Co-operative Bank Ltd as fixed deposits. The mode of operation of those fixed deposits were either or survivor with his daughters i.e OPNo.2/Madhumita Dutta. As because the complainant had no pension provision, so he availed the terms and conditions of the Bank that interest of those fixed deposits would be transferred to his Savings Bank Account being No. 104256. Simultaneously, the relation between the complainant and his wife became strain and in the month of January, 2010 due to depression he was bound to admit in the Mental Hospital, though he was totally fit. Ultimately his sister helped to discharge from Mental Hospital and the complainant returned back to home, but his wife and daughters made undue influences on him to transfer his property mainly his only dwelling house in the name of his daughter/OpNo.2. After hat, the complainant was bound to left his own house and stay in his relative’s place. Therefore, when he went to the Bank/OP No.1 to withdraw the interest amount for his livelihood, the Bank Authority informed that his daughter i.e Op no.2 gave instruction before the Bank not to allow the complainant to withdraw the interest. In addition, the original certificates of those fixed deposits were in the custody of his wife and daughter of the complainant. So, the Bank refused to pay the amount. The complainant was the sole owner of the money, but he had gone through a miserable condition without any source of income, living with the help of relatives. Therefore, the complainant filed a complaint before this Forum being No. 67/2012 dated 26.06.2012 with a prayer that the complainant can operate his Savings Bank Account being No. 104256 and allow him to renew the fixed deposits or to withdraw the same on maturity. The Forum had been allowed on contest the said case on 31.07.2013.  With the help of that order the complainant operates his Account being No. 104256 and withdraw the interest of those fixed deposits. Besides this, he opened a new Account being No. 122000202288, exclusively in his name in the same Bank, where he transferred the interest of those fixed deposits for his livelihood. At present, the complainant stay in a hotel named Mulan at Khagra under Berhampore Police Station and used to take meal from another hotel with the help of his interest amount, which is insufficient. On 07.04.2014 the OPNo.1/Bank Authority informed the complaint by sending a letter along with a schedule of Fixed Deposits that they has kept a sum of Rs.2,72,000/- as fixed deposits jointly with his daughter i.e OPNo.2, which is also received from retirement benefit. The complainant requested to the Bank to transfer the interest to his new Account being No. 122000202288, but the Bank refused to do that without courts order. So, the complainant is bound to file this case before this Forum.   

On the other hand, the OP No.1/Bank entered into this case by filing only Vokalatnama without filing written version. After that, OP was absent till now. So, the case is taken up for hearing ex parte against OP no.1.

The OP no.2/Madhumita Dutta , daughter of the complainant has not turned up in spite of receiving the notice and for that the case is taken up for hearing ex parte against OP no.2 also.

The only point for consideration is whether the complainant is entitled to get any redress as prayed for or not.

DECISION WITH REASONS.

It is very much pertinent to mention that the complainant in support of his case has submitted original documents along with Xerox copies i.e. Medical Report of fitness issued by the Board of Doctors, Berhampore Mental Hospital along with discharge certificate of Medical Officer. Schedule of 7 D Accounts issued by the Branch Manager, Murshidabad District Central Co-operative Bank Ltd; and certified copy of previous Judgment of this Forum.

The case being taken up for ex parte hearing there is no scope to rebut the evidence of the complainant.

In this regard, it is significant to note that the complainant came to this Forum with this problem and filed the case being NO. 67/2012 dt. 26.06.2012 with a prayer to operate the Savings Bank Account being No. 104256 and also allow him to renew the fixed deposits or to withdraw the same as before, and the Forum had been allowed on contest on 31.07.2013. After that, with the help of that judgment the complaint used to operate his Bank Account and opened a new Account being No. 122000202288 exclusively in his own name for him to avoid the complication. In support of the above facts the complainant stated in his affidavit in-chief as well as submitted the certified copy of the said judgment.

Only difference in this case is the scheduled fixed deposits of the complainants than the previous case, as evidence the complainant submitted the original schedule/list of fixed deposits issued by the OP Bank, those are rest of FD of the complainant opened with the amount of gratuity and Provident Fund of the complainant which were kept in the Bank, which are follows:-

Therefore, having considered of the facts and circumstances as well as the documents submitted before the Forum there cannot be any doubt the complainant during the filing of the case was physically and mentally sound and he is also physically and mentally stable till today, which proved by the medical report issued by the Board of Doctors of Berhampore Mental Hospital.

Besides, this Bank wants court order, as because the Op No.2/Madhumita Dutta, daughter of the complainant instructed to the Bank/Opno.1 not to allow the complainant to operate his Accounts. Previous order of the Forum was for specific list of FD of the complainant as prayed on that case , but in this case is for separate list of FDs, for which Bank required a fresh order.

Now, let us consider as to whether the complainant is entitled to get any relief as prayed for in this petition of complaint or not. Earlier case order being No. 67/2012 clearly proved that the fact of the case is true. So no need to elaborate the facts and findings to prove a fresh that the complainant is entitled to get relief as prayed for.

Same as previous case, the original certificate of FDs of the present case are also in the custody of the Op No.2/Madhumita Dutta, so the Op no.2 should be ordered to hand over those certificates before the Op no.1/Bank to execute the purpose i.e.  to allow the complainant to operate his SB Account and to renew his FD or withdraw the amount of interest.

Thus the case succeeds.

Hence,

                                                         ORDERED

That the Consumer Complaint No. 117/2014 be and the same is hereby allowed ex parte without any order as to cost.

The Op No.2/Madhumita Dutta is hereby directed to submit all the original Fixed Deposits Certificates as mentioned earlier before the Bank Authority i.e. OP No.1 within 15 days from the date of this order.

On production of all the original FD certificates by the OP No.2 the OP No.1 is hereby directed to allow the complainant to renew all the FD as per existing terms and conditions for a further period and also to allow the complainant to operate his SB account No. 104256 as per Bank norms within 15 days from the production of all documents by the OP No.2, failing which both the OPs i.e. OP No.1&2 have to pay Rs.50/- as fine per day’s delay and the amount shall be deposited in the State Consumer Welfare Fund.

 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 registered post with A/D to the concerned parties as per rules, for information and necessary action.

               Member                                            Member                                                                   President

District Consumer Disputes              District Consumer Disputes                                   District Consumer Disputes

      Redressal Forum.                                    Redressal Forum.                                                     Redressal Forum.

        Murshidabad.                                     Murshidabad.                                                           Murshidabad.