OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.86/14
Present:-
1)Md.Sahadat Hussain, A.J.S. - President
2) Smti Archana Deka Lahkar - Member
1) Sri Arup Jyoti Deka - Complainant
S/O Sri Hem Kanta Deka
P.O.Kamarpur,
P.S.Pragjyotishpur
Kamrup(M)
Assam,782411
-vs-
1) Regional Manager - Opp.parties
Union Co-operative Bank Ltd.,
Maligaon Chariali,
Maligaon,Guwahati,
District -Kamrup(M)Assam
2) Manager Head Office,
Union Co-operative Bank Ltd.,
Bhangagorh,Kanaklata Path,
By Lane No.1,Guwahati.
3) Jiten Pathak,
Branch Manager
Union Co-operative Bank Ltd.,
Santi Nagar,
P.O.& P.S.-Sonapur,
Distt-Kamrup (M)
4) Faizul Hoque
Branch Manager (In Charge)
Near Majid, Kopalkata
P.O.& P.S.Sonapur
Distt- Kamrup (M)
5) Rinku Mali -Proforma Defendents
Vill-Sonapur
P.O.& P.S.Sonapur
Distt- Kamrup (M)
Appearance-
Learned advocate -Mr.Dipjyoti Rajbongshi for the complainant
Date of argument- 2.8.2017
Date of judgment- 16.8..2017
Exparte Judgment
This is a complaint u/s 12 of the Consumer Protection Act, 1986.
1) The complaint filed by Sri Arup Jyoti Deka against Regional Manager, Union Co-operative Bank Ltd.and three others is admitted on 28.11.14 and notices were served upon the opp.parties (Regional Manager and three others), but they did not take step. Accordingly, case against them is directed to proceed on exparte vide order dated 29.3.17. The complainant filed his evidence on affidavit and on 2.8.17 complainant side’s advocate Mr.Dipjyoti Rajbongshi filed written exparte argument and also forwarded his oral argument and today we deliver the judgment which is as below-
2) The gist of the complaint is that, the complainant opened two saving accounts vide Savings Bank Account No.019 and 6614with Sonapur Branch of Union Co-operative Bank Ltd. (Opp.party bank) and deposited Rs.31,420/- and Rs.33,500/- till upto date in the accounts and Opp.Party No.1 agreed to pay the amount on maturity along with interest, but due to economical inconvenience, he intended to withdraw the amounts deposited in the said savings account and had applied for the same, but the opp.party did not pay the amounts deposited by him and then he served legal notice upon them requesting them to pay him the deposited amount. But no response received from them. He again approached the opp.party, but the opp.party neither give him any reason for non-settlement of his claim and they had paid no heed to his grievances in spite of receipt of various representations from him, and therefore, he prays for directing the opp.parties to pay him back Rs.31,420/- and Rs.33,500/- which he had deposited in the said savings bank account and also to pay him Rs.50,000/- as compensation for causing harassment to him and Rs.10,000/- towards the cost of the proceeding and also to pay interest @15% per annum on the amount deposited by him.
3) We have perused the evidence of the complainant and found that the complainant had opened two savings bank accounts in Sonapur Branch of Union Co-operative Bank Ltd. vide Account No. 019 and Account No.6614 on 3.3.2011 and he deposited Rs.31,420/- in Account No. 019 and Rs.33,500/- Account No.6614 till date and Ex.A , B this Account Book.
The complainant in his evidence states that he on 31.12.13 filed written application to the opp.party bank to pay him back the deposited amounts as the said amounts were required to solve his economical problem and the opp.party bank received the said application vide No. 12268 dtd.31.12.13 (Ex.C). It is also seen that he approached Sonapur branch also to make the payment and one day when he visited Sonapur Branch , then he found that said branch was shut down without giving prior notice to the customers, and then he issued a legal notice to the opp.party bank asking them to pay back him the deposited amounts, but the opp.party side has refused to settle the claim. This statement of the complainant is believable having it is supported by affidavit. Secondly, after perusing Ex. A & B, which are the account books , we have found the complainant had deposited Rs.31,420/- in Account No. 019 and Rs.33,500/- Account No.6614 till today. Therefore, we hold that, the complainant has further right to withdraw that amounts and the opp.party bank has no right to refuse such payment. Therefore, in our opinion the act of refusing to pay the said amounts to the complainant is a clear case of deficiency of service towards the complainant. So, the opp.party bank is liable to refund that amounts to the complainant along with interest from the date of his claim which is 31.12.13 @6%per annum. The opp.party bank is also liable to pay him compensation to the tune of Rs.10,000/- for causing harassment to him as well as Rs.10,000/- as cost of the proceeding.
4) Closing our discussion as above, we hold that the complaint has merit, and accordingly, the complaint against all the opp.parties is allowed on exparte and opp.parties are directed to pay back the complainant Rs.31,420/- against the savings bank Account No. 019 and Rs.33,500/- against the savings bank Account No.6614 along with interest @ 6% from the date of 31.12.13 and also to pay him Rs.10,000/-as compensation for causing harassment to him as well as Rs.10,000/- as cost of the proceeding, to-which all the opp.parties are jointly and severally liable. They are directed to pay the awarded amount within 45 days, in default, other two amounts shall also carry similar interest.
Given under our hand and seal on this the 16th day of August,2017.
(Smti.Archana Deka Lahkar) (Md.Sahadat Hussain)
Member President
