OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.81/2014
Present:-
1) Md.Sahadat Hussain, A.J.S. - President
2) Smti Archana Deka Lahkar - Member
Sri Ramen Sarkar - Complainant
S/O- Sri Jugendra Sarkar.
R/O -No.2 , Baruahbari
P.O.+ P.S.- Sonapur,Kamrup
Pin.782402.
-vs-
1) Regional Manager
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) Sri Jiten Pathak
Branch Manager,
Union Co-Operative Bank Ltd.
Santi Nagar,
P.O.+P.S.- Sonapur,Kamrup
4) Faizul Hoque
Branch Manager (In Charge)
Near Majid, Kapalkata
P.O.+P.S.- Sonapur.
Distt: Kamrup(M)
5) Rupa Das,
Collector, United Co-operative Bank Ltd.
P.O.+P.S.- Sonapur.
Distt: Kamrup(M)
Appearance-
Learned advocates for the complainant- Mr.Dipjyoti Rajbonshi.
Date of argument- 22.2.2017
Date of judgment- 22.3.2017
JUDGMENT
This is a complaint u/s 12 of the Consumer Protection Act, 1986.
1) The complaint filed by Sri Ramen Sarkar against Regional Manager, Union Co-Operative Bank Ltd., Maligaon, Guwahati and four others was admitted on 1.9.14 and notices were served on them , but they did appear in the proceeding; and in result, this forum, vide order dated 2.2.16, directed that the case against all the opp.parties will proceed on exparte. The complainant filed his evidence on affidavit and his counsel filed written argument; and finally, on 22.2.17, we heard oral argument of Ld advocate Mr. Deepjyoti Rajbonshi for the complainant and today, we deliver our judgment, which is as below.
2) The complainant s case is that he had purchased some fixed -term-certificates from the opp.party bank and the bank also issued a savings bank account numbering 7587 of group No. K.starting from 27.4.2012 to him and he also deposited Rs.47,000/- till 9.12.12 in the aforesaid savings account and he purchased thirty eight fixed -term-certificates of Rs.5,000/- each from Sonapur branch of the opp.party bank vide serial No. 063 to 101 which were issued in various dates. He, later on, intended to withdraw the amounts of the said fixed -term-certificates due to his economical in-conveniences, and Opp.Party No.4, vide letter dated 15.7.13, assured him to pay him the entire deposited amount within two months , but the opp.party did not settle his claim, and thereby they committed deficiency of service towards him. So, he prays for directing the opp.parties to pay him back Rs.1,95,000/-, the total amounts, he had deposited in purchasing the said fixed -term-certificates and also to refund Rs.47,000/- with 15% interest which he had deposited in his savings account and also to pay Rs.50,000/- as compensation for the sufferings from mental agony and Rs.10,000/- as cost of the proceeding.
3) We have perused the evidence of the complainant as well as the documents filed by him. From Exhibit 1, which is statement of deposit, it is seen that the complainant deposited Rs.47,000/- in his savings bank account No.7587 till 9.12.2012, in sonapur branch of the opp.party bank.
From Exhibit No. 2(1) to 2(39) , it is seen that he purchased thirty nine fixed -term-certificates from Sonapur branch of the opp.party bank and value of each certificate is Rs.5,000/- and the total value of those certificates is Rs.1,95,000/- and that proves that the complainant paid Rs.1,95,000/- to the opp.party bank in purchasing those certificates.
From Exhibit 3, it is seen that the complainant, on 9.5.2013 filed a request letter to the branch manager of Sonapur branch of the opp.party bank requesting him to pay back the deposited Rs.2,00,000/- against those fixed -term-certificates and also to pay back deposited Rs.47,000/- in his saving bank account and the said letter was accepted by the said branch manager. From, exhibit 4, it is seen that after receiving the said request letter, the branch manager of the opp.party bank, Mr. Faizul Dewan issued a promise letter to the complainant on 17.7.13 to pay the said amounts to the complainant on or before 31.12.13. The complainant in his evidence state that the opp.party bank did not pay back him the said amounts. So,we hold that such reluctance on the part of the opp.parties amounts to deficiency of service towards the complainant and therefore the opp.parties are liable to pay back Rs,1,95,000/- which the complainant had paid to them in purchasing thirty nine fixed -term-certificates as well as Rs.47,000/- which he had deposited in his saving bank account with interest at the rate of 12% p.a. from the date of filing this complaint. They are also liable to pay him Rs.10,000/- as compensation for putting him in mental agony by not returning the amounts as per his request as well as Rs.10,000/- as cost of proceeding.
4) Because of what has been discussed as above the complaint against all the opp.parties is allowed on exparte and they are directed to pay him back Rs.1,95,000/- (the amount deposited through thirty nine fixed -term-certificates) and Rs.47,000/- (the amount deposited in the savings bank account) to the complainant with interest at the rate of 12% p.a. from 1.9.2014 and also to pay him Rs.10,000/- as compensation for putting him in mental agony and Rs.10,000/- as cost of the proceeding, to-which, all the opp.parties are jointly and severally liable. They are directed to satisfy the award within 45 days; and , in default, other two amounts shall also carry interest at the same rate.
Given under our hands and seals in this day of the 22th March, 2017.
(Smti Archana Deka Lahkar ) (Md.S.Hussain)
Member President
