Orissa

Cuttak

CC/176/2013

Ramachandra Moharana - Complainant(s)

Versus

Branch Manager,United Bank of India - Opp.Party(s)

P K Paikray

30 Jan 2018

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.176/2013

Ramachandra Moharana,

At:Tinigharia,PO:Nayabazar,

P.S:Madhjupatna,Dist/Town:Cuttack.                                              … Complainant.

 

                                Vrs.

 

1.         Branch Manager,

United Ban k of India,Nayabazar Branch,

At/PO:Nayabazar,P.S:Chauliaganj,

Town/Dist:Cuttack.

 

2.         Rajkishore Moharana,

At:Tinigharia,PO:Nayabazarf,P.S:Madhupatna,

Dist:Cuttack.                                                                                        … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   13.08.2013

Date of Order: 30.01.2018

 

For the complainant:              Sri P.K.Paikray ,Adv. & Associates.

For  the O.P.No.1 :                   Ms. Reena Nayak,Adv. & Associates.

For the O.P No.2:                      Sri B.N.Udgata,Adv. & Asociates.

 

Sri Bichitra Nanda Tripathy,Member.

                The complaint is against deficiency in service on the part of the O.Ps.

1. Shortly the case is that the complainant along with his brother (O.P No.2) had deposited a sum of Rs.4,00,000/- with O.P Nol1 as fixed deposit.  Said F.D Account was matured during November,2009 and the maturity value was Rs.4,25,000/-.  This amount (Rs.4,25,000/-) was again deposited with O.P Bank vide F.D. Account No.444231,444248,451773 and 460033.  On 12.12.2012 the complainant submitted an application in the O.P Bank to intimate him regarding such deposit Accounts for withdrawal but the complainant was not replied by the Bank.  Since the deposits were made in joint names, the petitioner along with his brother were jointly entitled to withdraw such amount.  The petitioner served a legal notice on the O.P Bank on 07.01.2013(Annexure-1) but it did not yield any result.  On 07.03.2013 another legal notice was also issued by the complainant.(Anenxure-2) but again the O.P.Bank kept quite.  Finding no other way, the complainant has taken shelter of this Hon’ble Forum.  He has prayed to direct the O.P. Bank to pay the deposit value of Account No. 444231,444248,451773 and 460033 to the complainant and O.P No.2  and compensation towards legal expenses and mental agony amounting to Rs.50,000/-.
2. O.P No.1 vide their written version dt.21.02.2014 has stated that the payment in the reported accounts was made during 2011 and the complainant has filed the case during 2013, hence barred by limitation.  They have admitted that the O.P No.2 had a S.B. Account with the O.P No.1 Bank.  On 22.10.2009 O.P No.2 withdraw a sum of Rs.4,00,000/- from his S.B. Account and made a FDR in  the  joint name of himself and his brother(petitioner).  The said FDR was matured on 22.10.2010 and again was reinvested with O.P Bank vide FDR No.0801100444231 amounting to Rs.3,25,613/- and FDR No.0801100444248 amounting to Rs.1,00,000/-.  The account was in the operation mode “Either or survivor”.  O.P No.2 closed the said deposit accounts.  The 1^st one was closed on 22.10.2011 for Rs.3,47,670.67p and the 2^nd one was closed on 23.04.2011 for Rs.1,02,579.07p.  Since the accounts were on “Either or Survivor” mode any one of the depositors was entitled to get the maturity value which was paid to O.P No.2 vide his S.B.Account No.0801010103175 (Accounts details vide Anenxure-1).  The petitioner has wrongly quoted 4 accounts of which Account No.454773 & 460033 were single accounts operated by the O.P No.2 only, since the Bank has paid as per rules there is no deficiency in service on the part of O.P Bank.
3. O.P No.2 vide written version dt.12.05.2014  has stated that he had withdrawn a sum of Rs.4,00,000/- from his S.B.Account No.0801010103157 with O.P No.1 Bank on 12.10.2009 and made a FDR for Rs.4,00,000/- in the joint name of his brother Ram Chandra Moharana and himself(Raj Kishore Moharana).  The maturity value was Rs.4,22,743.84p as on 22.10.2010.  Again the amount was reinvested on transfer to/from his S.B. Account and 2 FDRs were made in joint names of the complainant and O.P No.2.  FDR No.0801100444231 was made for Rs.3,25,613.00 and 0801100444248 was made for Rs.1,00,000/-.  The operation mode in the above two accounts were “either or survivors” and accordingly O.P No.2 received the maturity value of the above 2 nos. of Fixed Deposit Accounts through his S.B. Account No. 0801010103157.   Subsequently O.P No.2 has paid to the petitioner his share after withdrawing from his S.B. Account.   Fixed Deposit Account No. 454773 & 460033 were deposit accounts made in the single name of O.P No.2.  Hence the complainant has nothing to say on these two FDR accounts.
4. We have gone through the case records in details and heard the advocates from all the sides at length.  The complainant has filed this case within the scheduled time.   It was learnt that FDR No.0801100444231 and No.080110044448 were opened in the joint names of Sri Raj Kishore Maharana(O.P NO.2) and Complainant Sri Ram Chandra Moharana.  Other two fixed deposit accounts vide No. 0801100454773 & 0801100460033 were made in the name of O.P No.2 alone.  Hence we have nothing to say in these two deposit accounts i.e. 454773 & 460033.  From the copy of ledger enquiry as produced by O.P No.1 the F.,D Account No. 0801100444231 was with operation mode of “Either or survivor” wherein a sum of Rs.3,47,670.67 was paid as maturity value on 22.10.2011.  FDR No.08011444248 was also closed by O.P No.2 and a sum of Rs.1,02,589.07 was paid to his S.B. Account.  The complainant has challenged such facts and the O.P Bank was directed vide order dt.05.08.2014 of this Hon’ble Forum to produce the original account opening form in respect of F.D. Account No.444231 and 444248 and documents showing withdrawals of money by O.P No.2.  The O.P No.1 Bank has failed to produce the original account opening form in respect of Account No. 444231 and 444248.  The O.P Bank also failed to produce documents showing withdrawal of money made by O.P No.2.
5. O.P Bank has produced an original deposit receipt in respect of Account No.444231 but has produced nothing in respect of Account No.444248.  No ledger enquiry report etc. is also produced for account No.444248.  Whereas the O.P Bank and O.P No.2 have admitted vide their written version that Account No.444231 and 444248 were opened in joint names for Rs.3,25,613/- and Rs.1,00,.000/- respectively on 22.10.2010.  Maturity value of deposit Account No.444231 amounting to Rs,3,47,670.67 was paid to S.B. Account of O.P No.2 on 22.10.2011.  Whereas maturity value of deposit Account No.444248 amounting to Rs.1,02,589.07p was paid on 13.04.2011 was also paid/credited to S.B. Account of O.P No.2.   We have examined original FDR No.0801100444231 as submitted by Bank which indicates that Rs.3,49,869.56 was payable to the complainant and O.P No.2 on 22.10.2011 against which Rs.3,47,670.67p was paid.(page-5 of written version of O.P No.1).  Both O.Ps (1 & 2 ) have not given any reason for such less payment.  The copies of Accounts Enquiry (page 6 & page-9 of written version as submitted by O.P No.1 Bank) indicate that both the accounts are closed and again reinvested in the single name of O.P No.2.  Since the Bank has failed to produce details of documents as required for the purpose i.e. Original Account Opening form for both the Accounts.  Since the O.P Bank has not produced original receipt/copy of such receipt in respect of F.D Account No.0801100444248, , we conclude that the Bank has prematurely closed F.D. Account No.0801100444248 on 23.04.2011 with the connivance of O.P No.2 for the best reason known to them without the knowledge of the complainant. The O.P Bank has failed to produce the original account opening form for F.D. Account No.444231 and 444248.  The O.P Bank has not given any further details relating to period of deposit, Accounts statement, ledger enquiry copy in respect of F.D Account No.444248 also.  Thus we conclude that O.P Bank is at fault for which they are not in a position to produce proper records before this Hon’ble Forum.
6. Basing on the facts and circumstances as stated above, we conclude that O.P No. Bank is deficient in service.

ORDER

O.P No.1 Bank shall pay half of the maturity value in respect of deposit Account No.444231 and 444248 which comes to Rs.3,47,670.67 + Rs.1,02,589.07 = Rs.4,50,259.74/2=Rs.2,25,229.87p.  Say Rs.2,25,230/- to the complainant.  O.P Bank will also pay a sum of Rs.20,000/- to the complainant as compensation towards mental agony and a further sum of Rs.5000/- as cost of litigation.  Thus the O.P Bank will pay a sum of Rs.2,50.230/- to the complainant in total within a period of 45 days from the date of receipt of this order, failing which the complainant is at liberty to take shelter of this Hon’ble Forum as per C.P.Act,1986.

                     Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 30^th day of January,2018 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                           Member.

 

                                                                                             (  Sri D.C.Barik )

                                                                                                      President.

                                                                                           (Smt. Sarmistha Nath) 

                                                                                         Member(W).