The Complainant has filed this case alleging deficiency-in-service by O.Ps. The O.P No.1 is the Odisha Gramya Bank having its one of the branch Office situated at Jagannathpur, Bhadrak represented by its Branch Manager, where as O.P No.2 is their Regional Office situated at Vivekananda Marg, Balasore represented by its Regional Manager and O.P No.3 is their Head Office situated at Pokhariput, Bhubaneswar represented by its Director.

                         Shorn of unnecessary details briefly stated, the case of the Petitioner is that the Complainant is one of the Consumer under Kalinga Gramya Bank alias Odisha Gramya Bank having one fixed deposit bearing MSYC No.149851, dt.27.07.2010 to 27.07.2015 (Date of Maturity) for Rs.2,30,000/- (Rupees Two lakhs thirty thousand) only. The deceased husband of the Complainant named Umakanta Giri faced an accidental death on the road on dt.11.01.2009. The deceased survived with wife-the Complainant in this case and only son Mr. Tanmaya Giri as the Legal heirs. The legal heirs of the deceased Umakanta Giri received Rs.3,60,000/- (Rupees Three lakhs sixty thousand) only from the M.A.C.T claim. And as per directions of Bhadrak  M.A.C.T Court, both the Legal heirs invested Rs.2,30,000/- (Rupees Two lakhs thirty thousand) only with O.P No.1 in shape of FD for 5 years on 27.07.2010 jointly in the name of the Complainant and her son Tanmaya Giri. Fixed deposit receipt was issued by O.P No.1 to the Complainant in this regard, where the maturity amount is Rs.3,29,420/- (Rupees Three lakhs twenty nine thousand four hundred twenty) only and date of maturity is 27.07.2015 (Annexure-I).

                         For maintenance of her family, the Complainant is working as a house nurse in a Private nursing home situated at Balasore. She is also temporarily residing in the above mentioned address, for which this case has been filed here as per the jurisdiction of this Forum.

                         The document (Annexure-I) along with other important documents were missed on the road, while the Complainant was travelling from her parents house to her service place. Soon after the occurrence, the Complainant informed to the I.I.C, Town P.S, Balasore on 25.05.2014 and Town P.S S.D.E No.520, dt.25.05.2014 is mentioned therein. The Complainant had also sworn an affidavit before the Notary Public, Balasore on 26.05.2014 to this effect (Annexure-2 & 3). The Complainant had sent a copy of station diary report and affidavit to O.P No.1 through Regd. Post on 04.08.2015 only after the maturity of above said Fixed deposit. Prior to dispatch through Regd. Post with AD, the Complainant had met the O.P No.1 to perform this duty, but the Complainant was harassed by O.Ps. On receipt of the above mentioned documents, the O.Ps clearly said that the Complainant will not get any amount of the fixed deposit due to missing of the original fixed deposit receipt. As a result, the minor child of the Complainant put deficiency for shelter, clothing and education. The Complainant is not financially capable enough to maintain her minor child, for which the O.Ps are liable for such default. Complainant’s prayer for disbursement of claim amount of the Complainant by the O.P No.1-Bank such as maturity amount of fixed deposit with interest and compensation for mental agony and harassment plus litigation cost.

                         The O.Ps No.1 & 2 through their Advocate filed a time petition to submit the written version on 16.12.2015 and so on. The O.Ps are set ex-parte vide order No.9, dt.29.06.2016, as they could not submit their written versions to this effect.

                         During the trial of the case third Party intervened through their Advocates on 22.02.2016. Heard from the Complainant and third Party intervenor through their Advocates. In the mean while, the Advocate on behalf of the Complainant filed some documents through memo on 07.06.2016 and 29.06.2016.

                         On reviewing the documents placed on record, it is noticed that:-

1. The aforesaid Fixed deposit was made out of Motor Accident claims Tribunal, Bhadrak case No.2/09 of the deceased Umakanta Giri.

2. The Claimant in this case is the wife of Late Umakanta Giri and Tanmaya Giri is the son of the deceased Umakanta Giri.

3. A sum of Rs.2,30,000/- (Rupees Two lakhs thirty thousand) only was invested as Fixed deposit for 5 (five) years in the name of the Complainant and her minor son Tanmaya Giri jointly with O.P No.1-Bank as per directions of M.A.C.T-IV, Bhadrak on 03.06.2010.

4. The aforesaid fixed deposit was matured on 27.07.2015 with a maturity amount of Rs.3,29,420/- (Rupees Three lakhs twenty nine thousand four hundred twenty) only.

5. The said Fixed deposit is matured for more than 12 months and in order to earn interest for the lapse period, the Fixed  deposit of Rs.3,29,420/- (Rupees Three lakhs twenty nine thousand four hundred twenty) only is to be renewed for 15 months w.e.f 27.07.2015.

6.  On personal appearance of the Complainant and her minor son followed with an affidavit on 07.06.2016, it is observed that the minor son is residing with her mother and reading in Class-II.

7. Date of Birth of the minor child Mr. Tanmaya Giri is 26.11.2008 as per the certificate of Birth Registration No.8188/2008, dt.01.12.2008 issued by Registrar, Births and Deaths, Bhadrak Municipal Council as submitted by the Complainant through her Advocate on 07.06.2016.

8.  The Complainant has started a small tailoring shop in order to maintain livelihood of herself and her minor son, Tanmaya Giri.

9.  The lone mother has to look after for herself and her son and studies of her minor son Mr. Tanmaya Giri from income of her small business and interest earned from the existing Fixed deposit with O.P No.1. As there is a long future for the Complainant and her minor son, it is necessary to invest major portion of matured fixed deposit amount for a longer period i.e. till the minor son attains majority.

10. The fixed deposit in the name of the Complainant and her minor son Mr. Tanmaya Giri is to be invested till the minor son attains majority for the beneficial interest of the minor and his welfare can be better safeguarded by this deposit.  

                         By not renewing the maturity amount of above said Fixed deposit in the absence of original receipt of the Complainant and her minor son jointly at maturity as per demand by the Complainant amounts to deficiency-in-service by the O.Ps to the Complainant and suffered from mental agony and harassment also. Hence, the Order:-              

                                                       O R D E R

                         Having all regards to our judgment reflected above, the Complainant bears merit and the same is allowed with direction to O.Ps to issue a duplicate fixed deposit receipt to the Complainant as per procedures laid down for issuance of duplicate fixed deposit receipt, when Original is lost. The O.Ps are further directed to renew the Fixed deposit of Rs.3,29,420/- (Rupees Three lakhs twenty nine thousand four hundred twenty) only for 15 (fifteen) months, being date of maturity i.e. 27.10.2016 and to invest a sum of Rs.2,30,000/- (Rupees Two lakhs thirty thousand) only out of the matured amount payable on 27.10.2016 in the joint name of Smt. Sabita Giri and Mr. Tanmaya Giri (minor) to be operated jointly in the shape of fixed deposit for a period till the minor son Mr. Tanmaya Giri, son of Late Umakanta Giri attains majority, being the date of maturity is on or after 26.11.2026, where interest is to be paid quarterly towards the joint Savings Bank A/c of the Complainant and her minor son. Total interest earned out of the above said fixed deposit of Rs.2,30,000/- (Rupees Two lakhs thirty thousand) only to be credited to the joint Savings Bank A/c of the Complainant along with her minor son Mr. Tanmaya Giri on 27.10.2016.

                         Both the Parties are advised to bear their own cost of litigation.

                         The ex-parte order pronounced in the Open Forum on this day i.e. the 27th day of July, 2016 given under my Signature & Seal of the Forum.