FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
The case of the Complainant, in a nutshell, is that, the Complainant has deposited a sum of Rs.63,352/- with the OP on 28.03.1998 being A/c No.4795/24/93 for 24 months and the maturity date was 11.03.2000 and the matured amount is Rs.78,707/-. After maturity went to OP to collect the said amount and deposited original certificate to the OP on 03/02/2020. Till date the OP failed to pay the matured amount to the Complainant. Having no other alternatives the Complainant came before this Commission for relief/reliefs.
Upon service of notice OPs did not appear before the Commission to defend themselves and no WV is filed on behalf of them within stipulated period. Thus the case runs ex parte against them.
Complainant has tendered evidence supported by affidavit. We have gone thoroughly evidence adduced by the Complainant including documents on record and gave careful consideration to the arguments advanced by the Ld. Advocate for the Complainant.
Evidently the Complainant deposited an amount of Rs.63,352/- in United Bank of India, presently known as Punjab National Bank (OP), bearing Certificate No. CSPA976709 and A/c No. 4795/24/98 on 28.03.1998 for 24 months. There is no doubt that matured amount of the said deposit is Rs.78,707/- and the maturity date was 11.03.2000. Ld. Advocate for the Complainant submitted that the Complainant deposited the original FD Certificate to the OP on 03.02.2020. Photocopy of the REINVESTMENT CERTIFICATE furnished by the Complainant goes to show that an official of the OP had received the original FD Certificate from the Complainant on 03.02.2020 by putting seal and signature on the received copy of the said Certificate. It is also submitted by the Ld. Advocate for the Complainant that a letter dated 03.02.2020 had been placed before the Branch Manager of the OP requesting them to issue a Banker’s Cheque or Demand Draft in favour of the Complainant in respect of the said FD which was duly received by an official of the OP.Photocopy of the said letter support this contention. As the OP has opted not to file Written Version despite service of notice of Complaint Petition, the allegations made in the Complaint Petition is deemed to have been admitted as correct.
OPs is fully aware thatthey are under obligation to pay the matured amount of Rs.78,707/- to the Complainant which has been deposited with them.Complainant has invested his hard earned money with the OPs by purchasing the FD Certificate in dispute. Despite maturity if thesaid matured amount is not received by the Complainant then the OP cannot shook off their liability deliberately depriving the Complainant from his lawful right.Undoubtedly, the OP has possessed Rs.63,352/- deposited by the Complainant for a certain period on which they must have availed the interest.Thus, the OP is deficient in rendering service, and in fact, remaining unturned to the Complainant’s letter dated 03/02/2020 by the OPs is undoubtedly a gesture of gross negligence on the part of the OPs. Complainant cannot wait indefinitely to get the matured amount of Rs.78,707/- in respect of the FD in question. Complainant has suffered mental agony, pain and harassment. To get the relief, complainant has to wage a long drawn and tedious legal battle.
In the result, the Complaint Petition is allowed on ex parte against the OP with a following direction:
- OP is directed to pay the matured amount of Rs.78,707/- in favour of the Complainant with simple interest @ 9% p.a.
- OPs is also directed to pay an amount of Rs.10,000 to the Complainant as litigation cost and an amount of Rs.25,000/- as compensation for harassment and mental agony.
- The abovementioned payment should be made within 45 days from the date of passing this order failing which the matured amount shall attract the interest @12% p.a.
Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.
Copy of the Judgment be given to the parties as per rules
