Orissa

Sambalpur

CC/55/2022

Smt. Rajkumari Bhainsa - Complainant(s)

Versus

Indian Bank, Bareipali Branch, - Opp.Party(s)

Sri. M.K. Sandha & Associates

11 Apr 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 55/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Smt. Rajkumari Bhainsa, Aged about 70 years

W/O-Uttam Bhainsa, D/O-Mangulu Kharsel

R/O- Kundursinha, Po-Jhirllapali,

Ps-Kolabira, Dist-Jharsuguda,

Presently residing at Village-Putiapali, Po-Baduapali,

Ps-Dhama, Dist-Sambalpur-768113, Odisha.                      ...………..Complainant

Versus

Indian Bank, Bareipali Branch,

NH-6, Near Reliance Petrol Pump

Sambalpur-768006, Odisha.                                          ……...Opp.Party

Counsels:-

1. For the Complainant      :-          Sri. M.K. Sandha & associates
2. For the O.P.                     :-          Sri. B.Meher, Advocate & Associates

 

Date of Filing:08.08.2022,  Date of Hearing :13.02.2023  Date of Judgement : 11.04.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that Fixed Deposit Receipt No. 0710600 was issued by the O.P. Bank as per order dated 19.09.2021 in MAC No. 55/22 of the Court of Dist. Judge cum M.A.C.T., Sambalpur in 3^rd National Lok Adalat, 2021. The F.D. of Rs. 2.00 lakhs can not be pre-closed before the maturity period for five years. The fixed deposit receipt was misplaced and the Complainant informed the Branch Office but the O.P. did not listen her words. Several times written application was given but the O.P. harassed the petitioner and her daughter Mrs. Kalpana Saha citing the possibility of misuse of the fixed Deposit two times from two receipts, misbehaved them. Further the O.P. alleged that the Complainant and her advocate trying to fraud with an intention of double encashment.

On 29.07.2022 along with indemnity bond Complainant and her daughter approached the O.P. but the O.P. kept the indemnity bond remain unconcerned. With old age and deteriorating health condition from 35Kms distance approached the O.P. but physical and mental torture was made by attending the Bank.

Being aggrieved this complaint was filed.

2. The O.P. after appearance on 21.09.2022 not filed the version till 24.02.2023 and ultimately on 13.02.2023 its time petition was rejected and the case posted to 03.04.2023 for judgement. The O.P. on 24.02.2023 filed a set-aside petition along with written version duly serving a copy to other party. The Complainant received with objection.

In the circumstances of the case the version of O.P. is accepted subject to payment of cost of Rs. 1000/- to the Complainant. A reasonable opportunity is if not given to the O.P. there will be miscarriage of justice.

The O.P. in its version denied the allegations and submitted that the F.D. receipt is retained with the daughter-in-law of the Complainant namely Basanti Bhainsa with the knowledge of the conducting lawyer of M.A.C. No. 55/2020. The Complainant has filed the complaint with ill intenstion. No F.I.R. has been submitted nor any application for duplicate copy made along with indemnity bond of Rs, 100/-. The Complainant should present along with other legal heirs to receive the duplicate copy or authorisation letters in proper format of all other legal heirs. She submitted only indemnity bond of Rs. 50/-. The Complainant has not come to the Commission with clean hand. There is no deficiency in service of the O.P. and prayed for rejection of the complaint.

3. Perused the copy of order in MAC No. 55/2020 of the court of Dist. Judge cum M.A.C.T., Sambalpur, Medical certificate dated 14.01.2022, application dated 29.07.2022 to the O.P., Xerox copy of TDR No. 0710600 for Rs. 2.00lakhs issued by O.P. on 10.11.2021, copy of indemnity bond dated 28.07.2022.

The O.P. has not filed any documents.

4. From the version of the O.P., complaint petition and documents it reveals that there is dispute between the Complainant and her daughter-in-law namely Basanti Bhainsa as per pleading of the O.P. and it is within the knowledge of the O.P. From the version further it reveals that the Complainant is neglected by her daughter-in-law for which she is now staying with her daughter namely Kalpana sha W/O- Bithe Sha.

The O.P. categorically submitted the procedure to obtain a duplicate fixed deposit receipt by the customers, which are as follows:

1. In proper format application shall be made.
2. F.I.R. copy to be attached.
3. Indemnity bond to be filed on Rs. 100/- stamp paper.

The Complainant on 29.07.2022 submitted the application along with indemnity bond of Rs, 50/- which is admitted by the O.P. Here question arises when the Complainant approached O.P. no any letter has been issued to the Complainant about the procedure to obtain a duplicate F.D. certificate nor any denial letter has been issued. Only after filing the complaint, in version on 24.02.2023 the O.P. disclosed the said procedure. From 29.07.2022 to 16.08.2022 till the filing of the complaint no any information has been provided to the Complainant which amounts to deficiency in service. The O.P. has not gone through the order of the Dist. Judge cum M.A.C.T. Sambalpur wherein specific order is made:

“The petitioner No.3- Rajkumari Bhainsa shall get a sum of Rs. 2,00,000/-( Rupees Two Lakh) only which shall be kept as fixed deposit in her name in any Nationalised bank for a period of five years.”

The beneficiary, Complainant is the custodian of the F.D. receipt and there is no any direction made to take the help of other legal heirs to obtain a duplicate F.D. receipt. The O.P. without advising the Complainant, harassed for a long time thereby complaint was filed. Harassment and deficiency in service of the O.P. is established.

Accordingly, it is ordered:

ORDER

The complaint is partly allowed against the O.P. The Complainant is directed to follow the procedure suggested by the O.P. and on submission of the documents the O.P. is to grant a F.D. certificate duplicate in favour of the Complainant with immediate effect.

For deficiency in service and harassment the O.P. is directed to pay Rs. 50,000/- compensation and litigation expenses of Rs. 5000/- within one month of this order.

In case of non payment, the amount will carry 9% interest P.A. w.e.f. 08.08.2022 till realisation.

Order pronounced in open court on this 11^th April 2023.

Supply free copies to the parties.