This case has arisen out of application U/s 35 of the Consumer Protection Act, 2019.
The fact of the case is that petitioner’s father, namely, Subai Barman was the holder of savings bank A/C No:105600 of Raiganj Mahila CO-Op Credit Society Ltd (Mahila Bank)who had died on 31.12.2019 and mother was died and the petitioners are only legal heirs of Subai Barman. After death of their father the petitioner claimed the said savings bank account money of Rs.78,500/- with interest from the O.P.No-1 and deposited all necessary papers to O.P.No-1 who received them but no any payment to the petitioners. The petitioner No:1 filed a written application to O.P.No-1 on 14.08.2020 claiming said amount and it was received on 17.08.2020 but O.P.No-1 did not pay the claim amount till today. Petitioner No:1 personally met with O.P.No-1 on 10.09.2020 for the purpose of said claim amount but O.P.No-1 did not pay any heed. Due to this act of O.P.No-1 and deficiency in service, finding no other alternative petitioners filed this case praying for direction to the O.P.No-1 to pay said amount of Rs.78,500/- with interest in equal share and compensation of Rs.10,00,000/- for mental stress, agony and harassment.
Points for Consideration
- Whether there was/is deficiency of service on the part of O.P.No-1 to 3, gives rise cause of action to file the complaint and/ or the petitioner is entitled to get relief (s) as prayed for?
D e c i s i o n W i t h R e a s o n s
Petitioner No:1/Mangal Barman as P.W.1 deposed that Subai Barman, their father had died on 31.12.2019 and before death of their father Tishila Barman, their mother had died on 26.06.2017. Their death certificate issued by the competent authority are produced and marked as Exhibit 2 & 6 respectively.
He deposed further that Subai Barman died leaving behind Mangal Barman, Jiten Barman (Two sons) & Kalpana Barman (Daughter) as only legal heirs. Legal heir ship certificate of Pradhan No:11 Birghai Gram Panchayet, Raiganj Uttar Dinajpur dated 25.08.2020 is also produced and marked Exhibit-03. Copy of Aadhar Cards of three petitioners are produced and marked Exhibit 4 & 7.
P.W.1 produced passbook of savings account No:105600 in the name of Subai Barman of Raiganj Mahila Credit Society Limited (Mahila Bank) which is marked Exhibit-01, last balance in the said account shown 78,500/- as on 30.12.2019.
He stated that the petitioners claims said amount of Rs.78,500/- with interest from O.P.No-1 and deposited all necessary papers but inspite of receipt thereof no payment was made to them so he filed a written application to O.P.No-1 on 14.08.2020 claiming that amount which O.P.No-1 received on 17.08.2020 (Exhibit-05). Further he stated that when O.P.No-1 did nothing he met the O.P.No-1 on 10.09.2020 and claimed the amount but O.P.No-1 did not pay any heed. O.P.No-1 did neither appear nor oppose the same.
From the unchallenged testimony of P.W.1 we are of the opinion that the act on the part of the O.Ps are negligent and there is deficiency in service on their part and the petitioners had no other alternative to file the case on said cause of action and the case of the petitioners is proved and they are entitled to get refund of the balance amount with interest.
We feel the claim of compensation absurd, not acceptable and hence not allowed.
In the result the case succeeds.
Hence, it is
O R D E R E D
that the C.C-60/2020 be and the same is allowed ex-parte against the O.Ps without cost.
The O.Ps are jointly and severally liable to pay the balance amount of Rs.78,500/- as on 30.12.2019 with applicable interest to the petitioners, the legal heirs of Subai Barman, the holder of S.B A/c No:105600 with Raiganj CO-OP Mahila Credit Society Ltd (Mahila Bank).
We direct the O.Ps to pay amount of Rs.78,500/- with interest as applicable to the petitioners within one month from this date, failing which it shall carry interest @6% pa till realization.
If the O.Ps failed to make payment the petitioners will be at liberty to recover the same through execution.
Let a copy of this order be given to the complainant free of cost.
