The case of the Complainant as can be gathered from the record is that the Complainant has a CC Account bearing No. 30988128059 with the opposite Party bank. One NSC bearing No. 23 EE 336220 dated 16.02.2001 was kept with the State Bank Of India, Cooch Behar Branch as security against the Cash Credit Facility provided to the Complainant.
It is the specific case of the Complainant is that the Complainant has been cleared all the dues against the CC loan on 18.02.2012and the said account also has been closed. The opposite Party bank released all the securities except the above mentioned NSC which was matured on 16.02.2007 for Rs. 10,000/-. The Complainant made several communications with the O.P. No. 1 but did not get any trace of the said certificate also did not get any satisfactory reply from the end of the O.P. No. 1. Thereafter Complainant brought the matter before the Assistance Director , CAFBP but no fruitful result came out for which the Complainant compelled to file the present case before this Forum seeking redress and relief as incorporated in the prayer portion of the Complaint.
In the instant case the Opposite Party bank entered its appearance through Ld. Agent and contested the case by filing W/V contending inter-alia that this case is bad for mis-joinder and non joinder of necessary parties. This Opposite Party admitted the fact of taking C.C loan by the Complainant from this O.P. against lien of some N.S.C as security. The main contention of this O.P. is that it was the duty of the Postal Authority to send the maturity value through their account payee cheque in favour of the bank. After maturity of the said N.S.C the Bank Authority send the said N.S.C to the concerned post office with forwarding letter for collection the same and further made several correspondences with the Post office for the same that too was unheeded. This O.P. also averred that only the Postal Authority who can clear the matter but this O.P. is not made party in this case. Putting all this O.P. prayed for dismissal of the case with cost.
The Opposite Party also files Evidence on affidavit with some documents. At this stage the Complainant by filing a petition prayed for adding party of the Postal Authority which was considered and rejected by this Forum vide order dated 29.10.2013. This Forum in view to collect the report from the Postal Authority as to the alleged N.S.C in his own accord and send a notice to the postal Authority on 10.12.2013. On behalf of Postal Authority G.P. appeared and files a report on 12.06.2014 along with some documents.
In the light of the contention of the complainant, the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant is a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the Opposite Parties any deficiency in service by repudiating the claim of the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully and also heard both the counsel at a length. Perused the Evidence on affidavit of the parties along with Written Argument. Perused also the Report of Postal Authorities. Considered.
Point No.1.
Admittedly, the Complainant has a CC Loan Account with the Opposite Party Bank. Thus, no doubt the Complainant is the Consumer of Opposite Party as per provision of section 2 (1) d (ii) of C.P. Act 1986.
Point No.2.
Evidently, the Opposite Party is residing in this district also the Complaint value of this case is Rs. 25,000/- with other reliefs that is far less than the prescribed limit for which this Forum as every jurisdiction to try the case.
Point No.3 & 4.
Undisputedly, the Complainant had a CC Loan Account with the State Bank of India, Cooch Behar Bazar Branch i.e. the O.P in this case. It is the case of the Complainant that he took loan from the O.P. against lien of some NSCs. After clearing all dues the O.P. Bank released all the securities except NSC bearing No. 23EE 336220 dated 16.02.2001 that was matured on 16.02.2007 for Rs. 10,000/-. It is the further case of the Complainant that even after repeated persuasion; the Opposite Party did not return the said NSC or its equivalent amount with interest.
It is the case of the Opposite Party bank is that the said NSC was in lien with them and after maturity the Opposite party bank send the article to the concerned post office with forwarding letter for collection of the same but in vain. Though the Sub Post Master, Bangchatra sub post office by issuing a letter stated that the alleged amount has been encashed on 29.03.2007 without showing the details of mode of payment.
It is the case of the Complainant that after closing the CC Account the O.P. Bank did not release one NSC bearing No.23EE336220 dt. 16/02/2007 for Rs. 10,000/- was matured on 16.02.2017. It is the further case of the Complainant that even after several communications made by him no satisfactory answer received by the Complainant from the O.P. Bank. On giving a close look to the materials made available in the record it appears that the Complainant took CC loan from the O.P. Bank against lien of some Policies and NSCs. The Opposite Party bank has filed some documents marked as Annexure 1-6 from which Annexure 1 shows that vide letter dated 05.03.07 the B.M of the O.P. bank forwarded the alleged NSC to The Post Master Bang Chatra Post Office for payment of maturity amount and sent reminder on 15.01.2013, 22.05.2013. All the said articles were duly received by the Postal Department but the disputed matter was too unheeded. The Ld. Agent for the Opposite Party Bank in its W/V as well as Written Argument asserted that the Complainant alleging deficiency in service against the bank but the bank has nothing to do as the alleged NSC was duly sent to the Postal Department in due time for its encashment. The Ld. Agent for the O.P. Bank vehemently argued that the Postal authority is the concerned party to make clear the present status of the said NSC but the Postal Authority by filing some documents as per order of the Ld. Forum stated that the Post Office deposited the amount by cash in connection with the alleged NSC to the B.M. of O.P. Bank on 29.03.2007 which is strongly denied by the O.P. Bank.
It is pertinent to mention that after receiving the W/V of O.P. Bank the Complainant by filing a petition on 29.10.2012 praying for imploding of the Bang Chatra Post Office, Cooch Behar and Cooch Behar Head Post Office as a necessary party that was rejected vide order dated 29.10. 2012 but no appeal has been preferred by the Complainant in this regard. On the same day the O.P. Bank by filing a petition seeking an order for production of necessary documents in connection with the said NSC by the Postal Department that was considered and allowed. Accordingly, the notice was issued to the Postal Department on 10.12.2013 for production of the documents in connection with the NSC No. 23EE336220 dt. 16.02.2001. The G.P. appeared on behalf of the Postal Department on fixed date and filed required documents on 12.06.2014 and reported that as per requesting letter by the Branch Manager, State bank Of India, Cooch Behar, Bazar Branch dated 05.03.2007 the Sub- Post Master, Bangchatra Post Office made payment of maturity amount of Rs. 19067/- against the NSC No .23 EE 336220 to the Bank Authority on 29.032007. On perusal said documents (Annexure A-3,A-5) it appears that in the Consolidated Sheet the No. of the alleged NSC is enlisted with amount Rs. 19067/- and the said amount paid to the Branch Manager, SBI, Bazar Branch. Surprisingly there is no received seal and signature of the O.P. Bank. Furthermore, the Postal Department failed to show the mode of payment of the said amount also did not file any scrap of papers as to the receipt of payment to the Bank. It is also very much surprising that the O.P. Bank remained silent till a long period and after elapsing so many times knocked the door of the Postal Department in the year 2013 to know the fate of the said NSC.
Admittedly, the alleged NSC was in the custody of the O.P. Bank in connection with the CC loan had taken by the Complainant. The documents filed by the O.P. Bank it is crystal clear that the Bank after maturity sent the said certificate for encashment. In the light of the foregoing discussion and the relied on documents made available in the record it is clear beyond any doubt that the dispute cropped up in between the Bank and the Postal Authority and the ill fated Complainant is the sufferer but it is not proved from the documents made available in the record that the maturity amount of the said NSC has been deposited by the Postal Department to the Bank.
Be that as it may, considering the facts and circumstances of the case we are in considered opinion that the Postal Department is negligent for payment of the said NSC and the Complainant badly failed to prove any deficiency in service of the O.P. bank. If there are any latches that on the part of the Postal authority, in this case are not party for which we are unable to give any relief to the Complainant.
Thus, the Complaint fails.
ORDER
Hence, it is ordered that,
The complaint be and the same is dismissed on contest against the Opposite Party. No order to costs.
Let plain copy of this Final Order be supplied, free of cost, to the concerned parties/Ld. Advocate by hand/be sent under Registered Post with A/D forthwith for information and necessary action, as per Rules.
Dictated and corrected by me.
Member President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member Member
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
