DATE OF FILING : 06-01-2014.
DATE OF S/R : 12-02-2014.
DATE OF FINAL ORDER : 21-05-2014.
Sri Soumen Patra,
son of Sachindra Nath Patra,
residing at 8/4/1, Olabibitala 1st Bye Lane, P.S. Shibpur,
District –Howrah.-------------------------------------------------------------- COMPLAINANT.
- Versus -
1. Kasundia Co-operative Bank,
having its office at 122/1, Swami Vivekananda Road,
Howrah – 711101.
2. The Chairman,
Kasundia Co-operative Bank Ltd.,
of 122/1, Swami Vivekananda Road,
Howrah – 711 101.
3. The Secretary,
Kasundia Co-operative Bank Ltd.,
of 122/1, Swami Vivekananda Road,
Howrah – 711 101.
4. The Chief Executive,
Kasundia Co-operative Bank Ltd.,
of 122/1, Swami Vivekananda Road,
Howrah – 7111 101.----------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. It is the specific grievance of the complainant, Sri Soumen Patra, that even after the maturity of the cash certificates being nos. i) A/c no. 30125, C.C.R. no. 4-000-006-00015242 dated 14-09-2012 for Rs. 10,000/-, ii) A/c no. 30126, C.C.R. No. 4-000-006-00015243 dated 14-09-2012 for Rs. 10,000/-, iii) A/c no. 30127, C.C.R. no. 4-000-006-00015244 dated 14-09-2012 for Rs. 10,000/- & iv) A/c. no. 30128, C C R No. 4-000-006-00015245 dated 14-09-2012 for Rs. 10,000/- issued by o.ps. duly signed by o.p. nos. 2 to 4, the maturity value of four certificates being Rs. 41,768/- was not paid by o.ps. to the complainant on and from 13-03-2013. Although complainant went to the office of o.ps. after the maturity date to deposit the original certificates and asked for the payment, o.ps. refused to accept those original certificates as well as to make the payment to the complainant. Thereafter on 27-09-2013, complainant sent a letter to o.p. with the same request but even after receiving the letter, o.ps. remained silent without making the payment. Complainant again went to o.ps.’ office and met officials personally, but no fruitful result came out. By this time, Complainant felt the urgent need of money for his daughters education and for expansion of his business and he went on requesting the o.ps. to pay the maturity amount. But o.ps. paid no heed to his request. To meet his financial need, complainant has been compelled to take loan and for that he is paying huge interest. But even after knowing this acute crisis of money, complainant was not paid the maturity value of Rs. 41,768/- of the four cash certificates by the o.ps. Being frustrated and finding no other alternative, complainant filed this instant petition praying for a direction to be given upon the o.ps. to pay Rs. 41,768/- being the maturity value with 18% interest, to pay an amount of Rs. 1,50,000/- as compensation along with litigation costs and other reliefs as the Forum may deem fit and proper.
2. Notices were served. But they never appeared and filed any written version. Accordingly, case heard ex parte.
3. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
4. Both the points are taken up together for consideration. Complainant has filed his petition of complaint and annexures swearing an affidavit. People keep their hard-earned money in the bank with this hope that at the time of need, they can have money and meet their needs. Complainant kept the amount of Rs. 40,000/- only for six months, which itself reveals that he may be in need of money for every now and then. And the matter of daughter’s education as well as expansion of his business, for maintaining livelihood, both are of utmost priority and importance. O.ps. not even replied the letter dated 27-09-2013 sent by the complainant till the filing of this case. Neither o.ps. have appeared and filed written version which clearly shows that they have nothing to put forward in their favour. So, all the allegations made out by the complainant against o.ps. remained unchallenged and uncontroverted. This kind of negligent attitude of o.ps. created lot of mental pain and harassment. So, it is a fit case where the prayers of the complainant shall be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 1 of 2014 ( HDF 1 of 2014 ) be allowed ex parte with costs against the O.Ps.
That the O.Ps. are jointly and severally directed to pay Rs. 41,768/- to the complainant.
That they are further directed to pay to the complainant an amount of Rs. 5,000/- as compensation and Rs. 2,000/- as litigation costs.
That the o.ps. are further directed to pay the entire amount of Rs. 48,768/- to the complainant within one month from the date of this order i.d., the aforesaid amount shall carry an interest @ 10% per annum till full realization.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha )
Member, C.D.R.F.,Howrah.
