BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 20 of 2012

            Nurul Huda 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………………………..  23-11-2012, 16-05-2013, 24-06-2013

                           Date of written argument………………  20-11-2015, 21-04-2016

                           Date of oral argument…………………..  11-04-2017

                           Date of judgment………………………..  02-02-2018

JUDGMENT AND ORDER

   Sri Bishnu Debnath,

1. This complaint under the provision of Consumer Protection Act 1986 has been brought by Nurul Huda 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 Fixed deposit vide A/C No. CD/OD/CC/B-733925 and compensation.

    

2. He brought the allegation as below:- He opened fixed deposit A/C No. CD/OD/CC/B-733925 on 27/05/06 in the Federal Bank, Silchar Branch for Rs.60,000/-. The maturity date was 27/05/2009. The maturity value was Rs.77,850/- at the rate of interest of 7.75%. In the 2^nd week of October, 2009 he came to know that the said deposited amount has been withdrawn beyond his knowledge. Accordingly, he lodged FIR on 09/10/2009 before O/C, Silchar P/S. The O/C registered Silchar P/S Case No. 1975/09 (corresponding to G.R Case No. 3663/09). The Complainant also filed complaint to the O.Ps on 14/10/09. But on 15/05/2012 the O.Ps flatly denied to refund the Complainant’s deposited money with interest. Hence, brought the instant complaint before this District Forum.

3. The O.Ps in their joint W/S denied the fact of deposit of Rs.60,000/- and also denied the fact of issuing of any pass book bearing Account No. CD/OD/CC/B-733925.

    

4. During hearing the Complainant deposed on affidavit and exhibited relevant documents including fixed deposit passbook vide Ext. 1, FIR vide Ext.2, the copy of complaint to O.Ps vide Ext.3. The O.Ps also examined Sri. Joseph CM, the Chief Manager as DW-1 and Smti. Moon Moon Choudhury, the Clerk of O.P Bank as DW-2. The O.P. also exhibited some documents.

    

5. 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.

    

6. I have heard oral argument. Perused the written argument and evidence on record including the statement recorded as 30/08/2017.

7. In this case the Complainant stated on oath that he had withdrawn Rs.60,000/- from his SB A/C and deposited to fixed deposit account but unable to remember the exact date of deposit to fixed deposit account. He also stated that he 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.

8. 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. 8443. 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.60,000/- in cash he obtained Ext.1 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.

9. The Ext. 1 Pass Book bears a signature and seal of the Assistant Manager, Silchar of Federal Bank and FIR vide Ext.2 also supported the said fact. Of course the Police Investigation Report is not available with me in connection with aforementioned P/S case No. 1975/09 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 he has made out a case that he deposited Rs.60,000 to the O.P. Bank to open a Fixed Deposit Account.

10. 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.

11. Thus, O.Ps are directed to refund the Fixed deposit amount of Rs.60,000/- with interest at the rate of 7.75% per annum with effect from the date of deposit on 27/05/2006 till today. They are also liable to pay compensation for disservice including cost of proceeding of Rs.10,000/- 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.

12. 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 2^nd day of February, 2018.