F I N A L   O R D E R

This is a case U/S 12 of Consumer Protection Act, 1986 with the prayer directing the O.P. to pay Rs 27000/- with 9% interest, to pay Rs.55,000/- as compensation for harassment, mental pain and agony and to pay Rs,5,500/- as litigation cost.

In short the case of the complainant is that the complainant was opened a savings Bank A/c in the O.P. Bank and deposited money on various occasions and also was withdrawn amount from the said A/c. Last balance of the said A/c was shown Rs 27000/- and for financial need while the complainant went to the O.P. Bank for withdraw of same amount he came to know that due to paucity of fund the O.P. is unable to pay any amount from his said A/c .Subsequently the complainant sent a lawyer notice to the O.P. but no reply as yet reached from their end. Finding no way the complainant has appeared before this Forum for relief.

The O.P. did not contest this case in spite of service of summon.

To prove the case, the complainant has submitted examination in chief supported by an affidavit and deposited some photocopies of money receipt.

The O.P. neither appeared nor filed W.V. on their behalf as such; the case is heard ex-parte against the O.P.

On perusal of complainant petition, memo of evidence and documents it reveals that the complainant had/ has a savings Bank A/c being No. 342 with the O.P. Bank, here in called as Mini Bank and in that A/c, the complainant used to transaction with the O.P. Bank by depositing and withdrawal of money. The complainant submits that his last balance amount in the A/c of Bank was Rs.27,000/- plus interest till date. For his need of money, the complainant went to the Bank of O.P. for withdrawal some amount from his said A/c but O.P. Bank concerned was refused to pay and on asking the reason, the O.P. kept mum. On several occasions the complainant attended at the O.P. Bank for withdrawal of money but the O.P. neither makes payment nor gives any reply from their end. Subsequently the complainant meet with the secretary of the O.P. Bank and lodged complain for refusal of nonpayment of savings Bank A/c money, then the secretary expressed that due to shortage of fund, withdrawal of the amount would not possible.

Lastly finding no alternative one legal notice sent to the OP Bank concerned on behalf of the complainant on 20.03.13 but the OP did not pay heed to the legal notice. The complainant stated that cause of action of this case arose on 20.03.2013 i.e. the date of legal notice and continuing day by day for waiting the positive action from the O.P.

In the rural areas State Government had set up such type of Mini Bank like as O.P., named as “Malibari Samabay Krishi Unnayan Samity”, called as “Mini Bank” with an object to increase the savings habit of rural dwellers and for the purpose of granting loan to the marginal farmers of the agriculture sector and also for the purpose of development economically. The complainant had deposit the money from the earnings of his hard labour. From the photocopy of money receipt it shows that the deposited amount in total of Rs.17,573/- but the complainant claimed as last balance was Rs.27,000/- and his statement is also proved by memo of evidence supported by affidavit which is unchallenged.

We find, now a days though Government has set up such financial institution like as “Mini Bank” for the purpose of social welfare scheme and try to economically developed the rural area, at the same time try to develop the economic condition of the marginal farmers of the remote villages but due to mismanagement and misguidance, the moto of the Government has nipped in the bud and for such case the innocent people like this complainant have to suffer and financially loser.

In the above discussion we find that the complainant is entitled to return back the deposited amount with interest, also entitled to get compensation for harassment, mental pain and agony and litigation cost.

Fees paid is correct.

Hence, it is

ORDERED,

That the complaint case succeeds.

That the complaint case being No. CC-09/2015 is allowed in part as ex-parte against the O.P.

That the O.P. is directed to pay the deposited amount of Rs.27,000/- with interest at the rate 9 % p.a. calculated from the date of deposit to full realization, to pay Rs.5,000/- compensation for harassment, mental pain and agony and Rs.1,000/- as litigation cost to the complainant within one month from the date of this order, failing which the complainant is at liberty to place this award in execution according to law.

Copy of this order be supplied to each parties free of cost.