The case of the complainant, in brief, is that the husband of the complainant namely Manabendra Nath Ghosh expired on 15.10.2016 leaving behind the complainant as wife, one minor son and his mother in law who expired on 27.06.2017. The husband of the complainant used to maintain one “Locker” bearing no. CHUBB Steelage 04 with O.P No. 1 and after demise of the husband the complainant went to the office of O.P No. 1 and requested for making arrangement to operate the said locker by her. The said locker contains gold ornaments huge postal securities i.e. National Savings Certificate and Kishan Vikas Patra etc. The Branch Manager advised her to meet the banks lawyer. The complainant, thereafter, met the lawyer of the bank who asked her to submit some documents i.e. Death Certificate, Legal Heirs Certificate etc. The complainant submitted the documents to bank lawyers and as per direction the complainant again went to O.P No. 1 and told him that all the papers have been transmitted to the O.P No. 2 for final decision. But, no result has yet been received from the O.Ps concern. Thereafter, the O.P No. 1 again asked her to submit some legal documents through their banks lawyer who further prepared some documents and the same sent to the O.P No. 2. In such way the complainant demanded to give her permission to operate the said locker of her deceased husband but the O.P have failed to give any reply as such they made deficiency in service for which the complainant is entitled to be compensated and also for harassment caused by the O.Ps. Hence, the case has filed by the complainant praying for relieve from the O.Ps as mentioned in Para No. 12 of the complainant.
Both the O.Ps have contested the case by filing W/V denying all the allegations as leveled by the complainant against them.
Both the parties have filed evidence-in-chief as well as written argument in support of their respective cases. Both the parties have also filed documents.
Be it mentioned here that during pendency of the case the O.Ps have complied they order of this commission so that the complainant operate the said locker of her deceased husband. The complainant thereafter, filed a calculation sheet praying for directing the O.P to pay the demands of the complainant as mentioned in the said calculation sheet submitted by her.
We have also heard the argument of both sides and also perused the materials available on record.
In this context, the following issues are necessarily come up for consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
Is the complainant a consumer u/s.2 (1)(d)(i)(ii) of Consumer Protection Act ?
Has this Forum jurisdiction to try the instant case?
Is there any deficiency in service on the part of the O.P?
To what other relief/reliefs the complainant is entitled?
DECISION WITH REASONS
In this case the husband of the complainant maintained a locker with the O.P No. 1 and he died on 15/10/2016. His wife has claimed to use and maintain the said Locker but due to some legal obligations she was not allowed to maintain the said Locker and at the same time she was not allowed to open the said Locker and remove all the important documents which were kept in the said Locker. According to the provision of Consumer Protection Act, the complainant is a consumer and there is an allegation of deficiency in service. We find that this is a case under the provision of Consumer Protection Act and it is maintainable as because complainant is a consumer. This commission has jurisdiction to try this case.
It is an admitted position that the husband of the complainant Manabendra Nath Ghosh used to maintain a Locker with O.P No. 1 bearing No. CHUBB Steelage 04. Mr. Ghosh expired on 15/10/2016 and thereafter, the present complainant being the wife of the said deceased requested to the O.P No. 1 to allow her to maintain the said Locker and to remove all the important documents like as National Savings Certificate and Kishan Vikas Patra etc. which were kept in the said Locker. It also appears that due to some official formalities the bank did not allow her to access in the said Locker. The Complainant on several occasions visited the Branch Office as well as to the Regional Office at Cooch-Behar and deposited all the documents as desire by the bank. Inspite of that she was not allowed to access in the said Locker. In the same time the National Savings Certificate and Kishan Vikas Patra have been matured but due to non-availability of the certificates the complainant did not get the matured amount from the post office ultimately, she has filed this case in the year 2019. She has claimed the compensation as well as the others monitory awards. According to the O.Ps he has admitted regarding the said Locker but raised objection stating that the complainant did not comply the instruction given by the O.Ps for furnishing the documents as required according to the RBI guidelines and for that reason the Locker was not handed over to her.
After filing of this case hearing has started. Both parties adduced evidence and filed the documents and also argument was done during pendency of this case. According to the interference of this commission on the basis of the specific order dated 16/09/2020 the Locker was handed over to the petitioner and she has removed all his documents there from. Thereafter, she has claimed compensation regarding her harassment, litigation costs and also the interest accrued after maturity of the said National Savings Certificate and Kishan Vikas Patra. After carefully consideration of evidence as well as documents and others we find that the husband of the complainant died on 15/10/2016 and the Locker was handed over to the complainant after 16/09/2020. In between of this days several correspondence were made between the parties. The complainant on several times visited to the Branch Office as well as the Regional office. She has deposited some documents as desire by the Ld. Advocate of the O.Ps but that documents were not according to the guidelines of RBI as stated by the O.Ps and ultimately, the Locker was not handed over and definitely there was deficiency in service and also the harassment of the complainant not only his physical harassment and also her mental agony. The complainant did not withdraw the maturity amount of National Savings Certificate and Kishan Vikas Patra in due time. So, this harassment should be compensated by the money value and we find that in this case the complainant is entitled to get an amount of Rs. 80,000/- as compensation regarding her harassment from O.P Nos. 1 & 2. The complainant has claimed the interest of 18% of the maturity amount of National Savings Certificate and Kishan Vikas Patra which were kept in the said Locker. But we find that according to present economic condition of the state no bank or post office is not allow to 18% interest on any deposit that apart it is the rule that after maturity, if the amount is not withdrawn then the interest will be calculated on the maturity amount till it’s withdrawal. So, in that case we find that the complainant will not be suffer for losing any interest. We find that the complainant is also entitled to get the litigation costs which was going on since 2019 and that litigation costs will not be more than Rs. 10,000/- and after considering all this facts we find that the complainant is not entitled to get any other awards as claimed by her. So, the case is allowed on contest against the O.P Nos. 1 & 2.
Hence, for ends of justice, it is,
ORDERED
that the instant case be and same is allowed on contest against the O.P Nos. 1 & 2. The complainant do get an award amounting to Rs. 80,000/- as compensation for her mental agony and sufferings and also Rs. 10,000/- as her litigation costs; total decreetal amount of Rs. 90,000/-. The O.P Nos. 1 & 2 is hereby directed to pay the decreetal amount to the complainant within 30 days from this day, failing which legal action will be taken against him.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
