F I N A L   O R D E R

This is a case U/S 12 of Consumer Protection Act, 1986 with the prayer for an order directing the O.P. to pay Rs.32,020/- as matured value of two NSC Certificates and further interest @ 8% from 07.12.2009 to up to date, to pay Rs.10,000/- as compensation for harassment, irreparable loss and anxiety and Rs.3,000/- as litigation cost.

In support of his case the complainant has submitted his statement supported by an affidavit and answers of questionnaires and submitted some photocopies of documents through his authorized person who conducted the case.

The O.P. has contested this case by filing questionnaires, memo of evidence and some photocopies of documents and by filing W.V. denying the allegations of the complainant, stating inter alia, that this case is barred by limitation, that on demand security by the O.P., the complainant was deposited two NSC Certificates, that the said NSC Certificates were lost in transit from the custody of the complainant, the O.P. has no fault or negligence and prays to dismiss the case.

DECISIONS WITH REASONS

It is admitted that the complainant was the holder of two NSC Certificates being Nos. 6NS/53EE 359069 and 6NS/53EE 359070, on which face value of each certificates were 10,000/- and matured value was totaling of Rs.32,020/- of said two certificates i.e. Rs.16,010/- each and date of maturity was on 06.12.2009. It is also admitted by the parties that the complainant was applied for granting loan to the O.P. Bank and on demand of O.P., the complainant was deposited two NSC Certificates mentioned above to the O.P. as security deposit. The O.P. has stated in his W.V. and memo of evidence that those certificates were lost in transit by the representative of the complainant who was accompanied with the NSC Certificates towards Postal Department from O.P. Bank. But the O.P. never put any question regarding loss in transit of NSC from the custody of the representative of the complainant in his questionnaires and the O.P. neither disclosed the name of the representative nor produced him as witness before this Forum to substantiate its claim.

It reveals from the documents filed by the parties that O.P. Bank never intimated the complainant regarding loss of NSCs by his representative rather it appears from the photocopy of letter, dated 22.05.2010 marked as ‘Annexure-B’ filed by the complainant, that the complainant was asking the O.P. to release the NSCs and transfer the maturity amount to his C/A being A/c No. 0937002100010263, which had been deposited as security but the O.P. did not pay any heed to the matter. As the NSCs were lost from the custody of the O.P. Bank, the O.P. lodged FIR at Raiganj PS on 15.09.2010 by mentioning contents that “NSCs, pledged to us by the holder of the said certificates, for availing loan facilities, have lost in transit”. The O.P. had applied for duplicate copy of NSCs and submitted indemnity Bond to the Postal Department but the O.P. never intimated the matter to the complainant. After some days when the complainant come to know from the O.P. that the NSCs were lost then the complainant claimed the matured amount of those NSCs from the O.P. but the O.P. did not pay heed to the demand of the complainant. Lastly the complainant sent a legal notice to the O.P. and requested the O.P. for payment of matured amount with interest but the O.P. kept silent itself. It reveals from the statement and answer of questionnaires replied by the complainant that the complainant had no knowledge regarding lost of NSCs.

On the above discussions we think that a general man of ordinary prudence should be suspicious mind that if the NSCs in question have been lost in transit as alleged, from the custody of the representative of the complainant, question may arise why being a Nationalized Bank keeping in dark the holder of NSCs, took measures like as lodging FIR, submission of indemnity Bond etc. for realization the matured amount of those NSCs from Postal Department. Moreover, it is not clear to us, O.P. being a Nationalize Bank, after receiving the NSCs as security deposit, for assigning the same from the Postal Authority was arranged for sending the same through a third person who is not concerned to the O.P. Bank, where there are specific rules and regulations or norms in the hands of the O.P., under such circumstances it cannot be believable that the NSCs in question were lost in transit by the representative of the complainant and O.P. has not adduced such evidence by producing the person as witness in support of its case and as such the O.P. cannot shift its liability to the shoulder of the complainant who is a lay man. Circumstances of the case is proved that the NSCs in question were lost from the custody of the O.P. and the O.P. cannot be escaped from the liability and for such act of the O.P., the complainant is suffering financial loss, mental pain and agony.

In view of the above discussions we are of opinion that negligence, harassment and deficiency in service on the part the O.P. is clearly established as such the complainant is entitled to get an award directing the O.P. to pay Rs.32.020/- as matured value of two NSC Certificates in question and to pay further interest @ 8% p.a. which will be calculated after the date of maturity of those certificates till the date of payment, to pay Rs.5,000/- as compensation and Rs.2,000/- as litigation cost.

Fees paid is correct.

Hence, it is

ORDERED,

That the case being No. CC-29/2014 is allowed on contest against the O.P. without cost.

That the complainant do get an award directing the O.P. to pay Rs.32,020/- as matured value of the two NSC Certificate and further interest @ 8% p.a., which will be calculated after the date of maturity of the NSCs in question till the date of payment, to pay Rs.5,000/- as compensation for harassment, negligence and deficiency in service and to pay Rs.2,000/- as litigation cost to the complainant within one month from this day, failing which the total calculated amount will carry interest @ 9% p.a. from this day till the date of full realization and the complainant will be at liberty to put this order in execution in accordance with law.

Let copy of this order be supplied to each parties free of cost.