No. 4/16.02.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Onkar Ganguly, the Ld. Advocate and Respondent through Mr. Asutosh Das, the Ld. Advocate are present.

This appeal was filed against the judgement dated 31.10.2008 passed by CDF Unit - II in CC No. 16 of 2007 whereby a compensation of Rs. 5,000/- was allowed against the O.P. - Bank who is the Appellant here.  We have heard the Ld. Advocate for both sides.  It appears that facts involved two Bank A/cs., one a Current A/c and other Saving Bank A/c.  The Current A/c stands in the name of the wife of the present Complainant and the Saving Bank A/c stands in the name of the Complainant.  In that view of the matter the Forum below came to a finding that in respect of the said Current A/c the present Complainant is not a consumer and, therefore, Forum recorded that the subject matter of the said Current A/c is not to be considered in the present proceeding.  After hearing the parties we agree to the said finding of the Forum below.

With regard to the Savings Bank A/c it appears from the contention of both paties that its closure was asked for on 16.10.2006.  The case of the Complainant is that such closure was not communicated to the consumer for unreasonably long time and, therefore, there is a deficiency in service.  Forum also accepted such contention upon taking into consideration the stand expressed by the authority of the Bank in its letter dated 18.12.2006.  On perusal of the said letter dated 18.12.2006 we find that the delay in closure was not appreciated even by the superior authorities of the Bank and this seals the issue and we also agree with the finding of the Forum below that there was delay in closure of the Savings Bank A/c and as such there was deficiency in service.  But we are of the opinion that compensation granted is little in the higher side and, therefore, we allow the appeal and the judgement of the Forum below is modified to the extent that the O.P. - Bank is directed to pay compensation of Rs. 3,000/- within a period of 30 days from date of this case and in case of default in paying the said amount Complainant is entitled to execute the same in accordance with law with a further interest @ 9% p.a. for the period of default.