SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of non-disbursement of complainant’s Savings Bank deposits are the allegations arrayed against the Opp.Parties.
2. Complainant in brief reveals that complainant had opened a Savings Bank Account with Mini Bank, Bhuinpur SCS,Bhuinpur,Kendrapara(OP No.1) bearing S/B Account No.113 which runs under the control of the Branch Manager, The Cuttack Central Cooperative Bank, Aul, Kendrapara (OP No.2). OP No.3, the Secretary, the Cuttack Central Cooperative Bank Ltd.,Nimchouri,Cuttack is the administrative head office of the OP-Bank. Complainant after opening of his S/B account was operating smoothly upto the dtd.02.09.2005. Complainant on dtd. 03.09.05 withdrawn Rs.26,000/- from his S/B Account No.113 with a remaining balance of Rs.69,856/-. After passing of some months when complainant went to the branch for withdrawal of money which was refused by OP No.1 by saying that audit is going on and withdrawal of amount was prohibited by OP No.3. Being harassed complainant on dtd.27.07.07 wrote a letter to OP No.3 about the facts of non-withdrawal of money from his S.B account which was also not responded. Complainant again met physically to OP No.3 regarding result of letter dtd. 27.07.07. The officials of OP No.3 handed over a Xerox copy of report of OP No.2 to the complainant on dtd. 22.08.07 and assured that matter will be decided shortly. It is revealed from the complaint petition that as complainant is an old and ailing person suffering from paralysis, could not move to OP No.1-Bank for follow- up action. On dtd.10.07.2014 OP No.1 told complainant that as fraud has been committed by previous officials, complainant’s account has been deactivated/freezed. Such being the situation, complainant on dtd.01.08.14 issued an Advocate’s notice to release his money deposited with OP-Bank which was unnoticed by the Opp.Parties. Being aggrieved complainant filed the present complaint praying this Forum to issue direction to Ops to release his balance amount of rs.69,856/- alongwith 10 per cent interest from dtd. 03.09.2005 to till its realization and to award a compensation of Rs.20,000/- for deficiency in service, mental agony and cost of litigation. It is averred in the complaint petition that the cause of action of the instant case arose on dt.22.07.07,22.08.07 and lastly on dt.10.07.2014 and dtd. 01.08.14 when complainant met OP-official and issued Advocate’ notice for release of his S/B deposit.
3. Being noticed oP No.1 & 2 appeared through their Ld. Counsel Mr. B.P.Singh and associates and filed written statement into the dispute denying the allegations of the complainant without touching the factual aspect of the case rather shifting responsibility on the complainant to prove his case OP No.3, the Secretary, the Cuttack Central Cooperative Bank also appeared through their Ld. Counsel and filed written version into the dispute denying the allegations of the complainant which is formal in nature. Further, not a single sentence has been averred in the written statement by describing the facts which leads to thepresentdispute.
4. Heard the arguments advanced by the Ld. Counsels for the parties, perused the documents filed by complainant. The case is peculiar in nature, as there is nothing a single averment is admitted by the Ops. Even the existence of S/B account is not confirmed by the OP-Bank. But, we examined the documents, i.e. attested Xerox copy of the S/B pass book bearing No.113 of complainant, Letter dtd. 27.07.07 addressed to OP No.3 which is duely acknowledged by OP No.3 by putting the official seal. Apart from that complainant filed one Xerox copy of report addressed to OP No.3 by OP No.2 on dtd. 22.8.07, and the Xerox copy of ledger book of complainant’ bank account alongwith Advocate’s ‘notice’ dtd. 01.08.2014. Moreover during course of submission Ld. Counsel for complainant filed original S/B Pass book bearing A/C No.113 of complainant(Laxmidhar Rout).
5. When the Ops do not speak a single sentence regarding factual aspect of the case and examining the aforesaid documents filed by complainant, it is clear that complainant is having a S/B account bearing No.113 opened with OP no.1 Mini Bank with a remaining balance of Rs.65,856/- till dtd.03.09.05, which is reflected in the original S/B pass book and advocate/s notice issued to OP No.3 by the complainant dtd. 01.08.14. The said advocate’s notice was duely communicated to OP No.3 through Regd. Post with AD and the ‘acknowledgement’ is also filed into the dispute. If the Ops have any dispute over balance amount mentioned by the complainant same can be countered by the Ops as a response to the said legal notice. That apart on date of hearing on dtd. 16.11.15 to ascertain the exact figure of the complainant’s S/B account this Forum directed the OP No.3 who is the administrative head to produce the up-dated statement of account of the complainant and the order was acknowledged by Ld. Counsel for OP No.3 and also notice was issued to OP No.3 by this Forum on dtd. 16.11.15 through Regd. Post and AD, AD was also returned. But till date of further hearing i.e. dtd. 16.12.15 neither the OP No.3 appeared nor produced the statement of account as directed by this Forum. In the circumstances, it is quite clear that Ops are trying to conceal the matter and are hands in glove for the reason best known to them.
The above acts of the Ops are definitely deficiency in service as no step has been taken by the Ops to release the deposits of the complainant who is a senior citizen and suffering from diseases. Such negligent attitude can not be tolerated at any cost. The Ops are jointly and severally liable for non-release of deposited amount of complainant. It is alClear that OP-Bank kept the amount of the complainant for more than 10 years without assigning any valid reason. Complainant has prayed this Forum to get 10 per cent interest per annum till realization of the amount. In this regard we are of the opinion that the dispute begins after dtd.03.09.2005 and which is continuing till date. Though normally in S/B account 10 per cent interest is not given to the account holder. As the amounts are kept with the OP-Bank for more than 10 years a reasonable interest should be awarded as compensation to the complainant-account holder. So, we decide that 9 per cent interest on the S/B deposit of the complainant will be legal and justified.
Accordingly, this Forum directed the OP No.3 to make necessary arrangement to release the deposited amount of the complainant. It is also directed that Ops will pay an amount of Rs.69,856/-(Rupees Sixty nine thousand eight hundred fifty six)only along with 9 per cent interest per annum from dtd. 03.09.2005 to till its realization on presentation of withdrawal slip by the complainant-account holder before OP No.1. Further, the Ops will pay an amount of Rs.2,000/-(Rupees Two thousand)only as cost of litigation, which is to be paid to the complainant while releasing the aforesaid amount. The order is to be carried out within one month( 30 calender days) of receipt of this order, failing which OPs will pay Rs.50/- (Rupees Fifty)only per day from the delayed period.
The complaint is allowed in part on contest with cost.
Pronounced in the open Court, this the 4th January,2016.
