| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 2 of 2012 Mst. Nur Katun Mazumder, ……………………………………………… Complainant. -V/S- 1. The Federal Bank Ltd. Silchar Branch Shyamaprasad Road, Shillongpatty, Silchar-1. O.P No.1 2. The Senior Manazer, The Federal Bank Ltd., Silchar Branch, Shillongpatty, Silchar-1. O.P No.2 Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Mrs. Chandana Purkayastha, Member, District Consumer Forum, Cachar, Silchar. Shri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared :- Mr. Abdul Hai Laskar, Advocate for the Complainant. Sri Sibdas Dutta, Advocate for the O.Ps. Date of Evidence……………………….. 15-05-2012, 05-07-2012, 25-10-2012 Date of written argument……………… 20-11-2015, 09-03-2016 Date of oral argument………………….. 11-04-2017 Date of judgment……………………….. 02-02-2018 JUDGMENT AND ORDER Sri Bishnu Debnath, This complaint under the provision of Consumer Protection Act 1986 has been brought by Mst. Nur Katun Mazumder (referred as Complainant) against the Federal Bank Ltd. Silchar Branch and its senior Manager (referred as O.Ps) for award of direction to pay maturity amount of CC deposit vide A/C No. CC/B-274648 and compensation. She brought the allegation as below:- She opened fixed deposit A/C No. CC/B-274648 on 26/09/06 in the Federal Bank, Silchar Branch for Rs.1,00,000/-. The date was 26/09/2011 with interest at the rate of 8%. In the 1st part of October, 2009, she came to know that the said deposited amount has been withdrawn beyond her knowledge. Accordingly, she lodged complaint to the O.P Bank on 12/10/2009 but no action had been taken. But on 06/01/2012 the O.Ps flatly denied to refund the Complainant’s deposited money with interest. Hence, brought the instant complaint before this District Forum. - The O.Ps in their joint W/S denied the fact of deposit of Rs.1,00,000/- and also denied the fact of issuing of any pass book bearing Account No. CC/B-274648.
- During hearing the Complainant deposed on affidavit and exhibited relevant documents including Saving Account Pass Book vide Ext. 1, Fixed Deposit Pass Book vide Ext.2, the copy of complaint to O.Ps vide Ext.3. The O.Ps also examined Sri. Joseph C.M, the Chief Manager as DW-1 and Mr. Ataur Rahmans , the Clerk of O.P Bank as DW-2. The O.P. also exhibited some documents.
- After closing evidence both sides counsels submitted written argument. I have also examined the Complaint to clarify some material point vide his statement dated 30/08/2017.
- I have heard oral argument. Perused the written argument and evidence on record including the statement recorded as 30/08/2017.
- In this case the Complainant stated on oath that she had withdrawn Rs.1,00,000/- from her SB A/C and deposited to fixed deposit account but unable to remember the exact date of deposit to fixed deposit account. She also stated that she deposited the cash amount to cash counter and the cashier issued a receipt and as per instruction of the cashier on the following day of date of deposit went to the counter and received the pass book vide Ext.1 but receipt has been tendered to cashier.
- Anyhow, the contesting O.P. exhibited copy of Bank statement of SB A/C of the Complainant vide Ext. A and the Complainant also submitted copy of the SB A/C pass book bearing Account No. 13605. From the above, it is of opinion that the Complainant has an SB A/C in the Federal Bank, Silchar Branch but account number are not tallied each other. Nevertheless, the Complainant by adducing evidence tried to established the allegation that after deposit of Rs.1,00,000/- in cash she obtained Ext.12 Passbook. But O.P. denied the pass book and with the help of oral evidence of DW-1 and DW-2 tried to make believable that the passbook was issued by somebody who was not authorized by Bank.
- The Ext. 2 Pass Book bears a signature and seal of the Assistant Manager, Silchar of Federal Bank and complaint petition vide Ext.3 also supported the said fact. Of course the Police Investigation Report is not available with me but in view of section 3 of the Consumer Protection Act 1986 this District Forum has jurisdiction because relief under this Consumer Protection Act. 1986 is additional only or not derogative to the final order of criminal case. As such when I have found a Pass Book in favor of the Complainant and Complainant convincingly explained about the non-retaining the deposit slip and other relevant fact, so, I have no hesitation and to conclude that she has made out a complain that she deposited Rs.1,00,000 to the O.P. Bank to open a Fixed Deposit Account.
- Accordingly, for the act of any employee of the Bank, the O.Ps are liable because receiving cash from the Complainant and issuing a passbook is coming within the ambit of employment of that employee.
- Thus, O.Ps are directed to refund the Fixed deposit amount of Rs.1,00,000/- with interest at the rate of 8% per annum with effect from the date of deposit on 26/09/2006 till today. They are also liable to pay compensation for disservice including cost of proceeding of Rs.15,000/- to the Complainant. Both the O.Ps are jointly and severally liable to pay the aforesaid awarded amount within 45 days from today. If fail interest at the rate of 10% per annum to be charged with the awarded amount from the date of defaulter.
- With the above, this case is disposed of on contest. Supply free certified copy to the parties. Given under the hand and seal of this District Forum on this the 2nd day of February, 2018.
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