Consumer Complaint No. -              24/2013.

Date of filing                    -          02.05.2013.

Date of final order            -          27.11.2014.

                                                                                         F I N A L   O R D E R

This is a case U/S 12 of the Consumer Protection Act, 1986 with the prayer for an order directing the O.P. to pay Rs.24483.74/- along with interest @ 10% p.a., Rs 6000/- as compensation and Rs 2500/- as litigation cost to the complainant.

The complainant’s case in short is that the mother of the  complainant named Sahidan Nesa has a savings bank A/C vide A/C No- 687 and leger No – 3/112 with the O.P. Bank and the mother of the complainant  was going transaction with the O.P. regularly and as per Bank Pass Book shows last transaction was / is of Rs 24483.74/- up to 29/06/2005 as balance amount. Thereafter the A/C holder went to the O.P. to withdraw money from her said A/C but the Bank authority did not pay the money. After some days the complainant along with his mother went to the O.P. Bank again for withdrawl of money from the said Bank A/C but the Bank authority did not allow to withdraw the money from the A/C of the holder herself. Subsequently the complainant accompanied with her mother i.e. A/C holder of the O.P. Bank met with the chairman of the O.P. and came to learn that due to paucity of fund the Bank concern is unable to pay the deposit amount of the A/C holder. Said Sahidan Nesa died in the year 2010 due to her old age. After the death of his mother the complainant again went to the O.P. Bank to withdraw the deposit amount of his let mother but the O.P. did not pay heed to the complainant. Finding no alternative the complainant was forced to come before this Forum.

 The O.P. did not contest the case by appearing on the date of hearing or by filing written version as such the case is heard ex- parte against the O.P.

DECISIONS WITH REASONS

The complainant to prove his case has submitted Photocopy of Bank A/C Pass Book ,general power of attorney and declaration of no objection upon the non judicial paper by the other legal heirs of Sahidan Nesa and oral evidence.     

                                                                                                                                                                              We carefully consider the complaint petition, documentary and oral evidence and also considered the argument advanced by the complainant.

On scrutiny of the documents i.e. Bank savings Pass Book vide A/C No- 687 in favour of Sahidan Nesa deceased mother of the complainant shows that last transaction as in the said Pass Book of Rs 24483.74/- as balanced amount upto 29.06.2005. It is clear from the evidence that Sahidan Nesa was/is savings Bank A/C holder under the O.P. bank and she had deposite the amount through the income of her hard labour. After the last transaction i.e. on 29/06/2005 the A/C holder took several attempts to withdraw the deposit amount from her said A/C for her financial need but the O.P. did not allow her to withdraw the money . Subsequently the complainant accompanied with his mother met with the chairman of the O.P. Bank as regard to withdraw the deposite amount by the A/C holder from her said A/C then they came to learn from the chairman that Bank authority is unable to pay the money due to paucity of Fund. Sahidan Nesa died in the year 2010. Thereafter the complainant went to the O.P. Bank to withdraw the deposite amount of his deceased mother as per law but the O.P. has refused to pay the deposite money of the A/C holder. From the other documents i.e. General power of attorney and declaration of no objection by the other legal heirs of the deceased Sahidan Nesa and oral evidence by the complainant it revels that besides the complainant other legal heirs of the deceased have vested their power and legal right to the complainant to conduct this case and also to accept the awarded sum on their behalf.

The complainant has proved his case , from the documents and evidence it is clear that the O.P. was/is negligent and deficient in service which caused harassment, mental pain, agony and financial loss .

In view of the discussions herein before this Forum is of opinion that the complainant is entitled to get an award of Rs 24483.374/- and further interest which will be calculated up to this day as per O.P. Bank rate, Rs 5000/- as compensation and Rs 2000/- as litigation cost.  

Fees paid is correct.

Hence, it is

ORDERED,

that the complaint case being  No. CC - 24/2013 be and the same  is allowed as ex-parte against the O.P..

Accordingly the complainant do get an award directing the O.P. to pay outstanding balance amount of Rs.24,483.74/- (Rupees Twenty four Thousand four hundred eighty three and Seventy Four paisa) as on 29/06/2005 and further interest which will be calculated up to this day as per O.P. Bank rate, Rs 5000/- as compensation for harassment, mental pain, agony and financial loss and Rs.2,000/- as litigation cost. The O.P. is directed to pay such award  amount within one month from this day failing which total awarded amount will carry interest @ 10% p.a. till full realization and the complainant will be at liberty to put this order in execution against the O.P. in accordance with law.

Copy of this order be supplied to the each party free of cost.