MRS.RAJASHREE AGARWALLA,MEMBER:-
Deficiency in service in respect of delayed opening of C.T.D. Account are the allegations arrayed against the Opp.Parties.
2. Complaint, in nutshell reveals that complainant, in order to open one year time deposit C.T.D. to the tune of Rs.1,20,000/- and issued 3 nos. of cheques bearing No.312401-403 of Rs.40,000/- each in favour of Postmaster,Kendrapara. The cheques were deposited by Postal Agent Srikanta Kumar Sahoo, who submitted those cheques before OP No.1,Sub-Postmaster,Sub-Post Office,Thakurpatna,Kendrapara. The said cheques amounts were encashed on dtd.03.09.2014 from the Savings Bank account of the complainant existed on UCO Bank,Thakurpatna branch. It is alleged that though the cheque amounts were encashed on dtd.03.09.2014, on verification of the pass book bearing A/c No. 33914,33915 and 33916 it is found that the date of deposit of amount mentioned as dtd.13.09.2014. According to complainant 10 days has been delayed to open the said T.D. account though deposited cheques were encashed on dtd. 03.09.2014. When this delayed opening of account was brought to the notice OP No.1 & 2 and they did not listen to the complainant for which an Advocate’s notice was issued, same also not responded for which this complaint before the Forum praying for direction of the Forum to the Opp.Parties to get interest for the delayed period and a compensation of Rs.40,000/- for deficiency in service, mental agony along with cost of litigation. The cause of action of this case arose on dtd. 03.09.2014 when the OP No.1 after collecting the amount did not open the T.D. account in the name of the complainant.
3. Upon service of notice Opp.Parties appeared through their Ld. Counsel Mr.Md. Nayeem but did not file any written version as the statutory period of filing of written version under C.P.Act,1986 expired on submission of Ld. Counsel for complainant Ops were set ex-parte. Heard the ex-parte submissions advanced by Ld. Counsel for complainant and examined the documents i.e. attested photo copies of S/B Account of complainant on UCO Bank,Thakurpatna branch, and the attested photo copies of T.D. account bearing No.33914,33915 and 33916. It is evident from the documents that the cheque No. 312401-403 of Rs.40,000/- each in toto Rs.1,20,000/- has been encashed on dtd.03.09.2014 from the complainant’s S/B account and after its encashment the Ops opened the new T.D. account in the name of the complainant on dtd. 13.09.2014. as per the complaint petition 3 nos. of A/C payee cheques were encashed/cleared on dtd.03.09.2014 Ops opened the complainant’s T.D. account on dtd. 13.09.2014 bearing T.D. account No.33914,33915 and 33916 for the intentional delay of 10 days complainant suffered financial and the Ops have committed deficiency in service for delayed opening of said t.D. account. On the other hand as the Ops did not file any written version, facts were not clear to counter the allegations of the complainant for delay of the opening of t.D. account. However, during course of ex-parte hearing Ops filed a petition stating that complainant’s T.D. account opened on dtd.13.09.2014 bearing Account No.33914,33915 and 33916 of Rs.40,000/- each and the said amounts were matured on dtd.12.09.2015 and if complainant-depositor apply for withdrawal same can be disbursed. When the dispute proceeds ex-parte the petition filed by OP has no legal authenticity except a judicial note of the same. This Forum agrees with the allegation of the complainant that 10 days delay has been occurred from the date of acceptance of the amount and date of opening of the T.D. account, for which the complainant is entitled to get the reliefs for the negligent attitude of Ops, which can be treated as a deficiency in service. Further complainant being a lady a Senior citizen has definitely sustained mental agony for unnecessary delay of opening of T.D. account. But the compensation amount claimed by the complainant-depositor is in much higher side. The delay, if any occurred is for 10 days only and for that compensation of rs.20,000/- for mental agony is not only higher but an imaginary amount without any substance.
Having observations reflected above, it is directed that Opp.Parties will release/disburse the matured amount on T.D. Account No.33914,33915 and 33916 with accrued interest as per the terms calculating the date from dtd.03.09.2014 on receipt of withdrawal application from the complainant-depositor. It is further directed that Ops will pay an amount of Rs.1000/-(Rupees One thousand)only as compensation for mental agony along with cost of litigation. The compensation amount will be paid to complainant-depositor at the time of release of the matured amount on T.D. account, if not released earlier. The order is to be carried out within one month of receipt of this order, failing which action will be initiated as per the provisions of C.P.Act,1986.
Complainant is allowed on ex-parte with cost.
Pronounced today in the open Court this 7th day of July,2016.
