IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.CC /73/2016.

 Date of Filing: 05.05.2016.                                          Date of Final Order: 30.12.2016.

Complainant: Prabir Ghosh, S/O Late Binoy kumar Ghosh, Vill. Kadua, P.O. Bhutali, P.S. Suti, Dist. Murshidabad, Pin 731222.        

-Vs-

Opposite Party: Manager, Bank of India, Vill.& P.O. Bahutali, P.S. Suti, Dist. Murshidabad.

                Pin-731222

                       Present:   Sri Anupam Bhattacharyya …………………. President.                              

                                      Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

              Sri Anupam Bhattacharyya, Presiding Member.

The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for payment of matured value of two Fixed deposits for Rs.1,02,259/- along with interest @ 10.35 % plus litigation cost of Rs.10,000/- and compensation of Rs.20,000/- for mental pain and agony.

                The complainant’s case, in brief, is that the complainant’s father made two fixed deposits of       Rs.50, 000/- each with the OP-Bank on 3.7.2007 with the terms of making the said amount double on 3.7.2014 but his father died on 8.5.2013. After 3.7.14 when the complainant met with the Manager of OP-Bank, the Manager replied that money cannot be obtained as there was no nominee. Thereafter when he again met with him with some dignitaries he advised the complaint to furnish paper. Then he submitted documents mentioning the names of legal heirs of the deceased with a request to deposit the amount in the account of his mother. Thereafter, on 22.3.16 he returned the documents to the complainant. On query he did not reply anything. Thereafter, on 28.3.16 the complainant applied before Consumer Affairs Office wherefrom notices were given to both parties to appear there on 27.4.16 at 2-30 P.M.  where the complainant appeared but the OP did not appear. Then, the complainant filed this complaint before this Forum. Hence, the instant complaint petition.

                In this case the OP has not turned up inspite   of receiving notice and as such the case has been taken up for hearing ex parte.

                                                               Decision with Reasons.

                The complaint has adduced evidence –on-affidavit ex-parte and has also filed all the relevant documents in support of his case including death certificate of the deceased and affidavit of the legal heirs of the deceased with the declaration of their consent to draw the matured value of the two Fixed Deposits in favour the deceased by declarant No.1 Bhabani Ghosh, mother of the complainant.

                From the complaint petition it is clear that the OP Bank did not pay the matured value of the fixed deposit created by the deceased, father of the complainant, on the ground that there was no nominee in respect of the two fixed deposits.

                It is true that in this case there was no nominee in respect of the impugned two fixed deposits created by the deceased, father of the complainant.

                It is further clear that in this case the complainant has not filed any Succession Certificate in respect of the claim amount for the two fixed deposits created by the deceased Binoy Kr. Ghosh, father of the complainant.

                But from the affidavit sworn in by the legal heirs of the deceased before the Notary,  it is clear they are the legal heirs of the deceased Binoy Kr. Ghosh and all the legal heirs of the said deceased sworn-in  to the effect that they have no objection and have given their consent to draw the mature value of the two fixed deposits created by the deceased by  their mother.

                It is clear from the documents filed before the Forum as well as the petition of complaint that they have been compelled to file this complaint as and when the OP Bank refused to pay the matured value of the two fixed deposits without showing any reason in writing. Also, it is clear that the OP Bank did not appear before the Consumer Affairs Office on 27.4.16 at 2.30 p.m. in spite of service of notice for settling the dispute where the complainant was present.

                Further it appears from this record that in spite of receiving notice from this Forum, the OP Bank did not turn up to contest the case. So, the version of the OP Bank remains unheard. The case was heard ex parte from the side of the complainant only.

                               It is now clear that though the complainants did not obtain Succession Certificate but they submitted an affidavit  on swearing that they have no objection , if the matured value of the two fixed deposits created by their deceased father is credited in the account of their mother, Bhabani Ghosh, wife of late Binoy Kumar Ghosh. So, in this situation we cannot force the complainants to seek Succession Certificate for a paltry sum of two fixed deposits of Rs.50, 000/- each when they have already filed Affidavit in this regard.

                The settled principle of law is that the complainant is not entitled to get compensation as the OP-Bank has to pay interest on the matured value of the two fixed deposits from the date of maturity i.e from 04.07.2014 till realization of the amount.

                Considering the facts and circumstances of the case where the matter is being dealt with ex parte for disbursement of the matured value of the impugned two fixed deposits standing in the name of deceased Binoy Kumar Ghosh to the account of the widow of the deceased, we are of the view that the OP Bank should pay the matured value of two impugned fixed deposits to the account of the wife of the deceased and she is also entitled to get interest on the said amount from the date of maturity till realization.

                Hence,

                                                                               Ordered

that the Complaint Case No. 73/2016 be and the same is hereby allowed ex parte in part without any order as to cost.

                The OP-Bank is directed to transfer the matured value of two fixed deposits 

to the savings account of Bhabani Ghosh, wife of late Binoy Kumar Ghosh along with interest of 7% p.a on the matured value from the date of maturity till realization within 20 days from the date of production of the original Affidavit to be sworn –in before the Magistrate by the legal heirs of the deceased Binoy Kumar Ghosh and complying with other formalities.

                In default, the OP-Bank is to pay fine @Rs.50/- per day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.

                                      Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.

        Member                                                                                                               President.