MISS PERWIN SULTANA,MEMBER:-
Non-disbursement of deposited amount to the complainant-depositor are the allegations arrayed against the Opp.parties.
2. Complaint, in brief, reveals that on the persuation complainant opened a S/B Account under the OP-Bank bearing Account No.403 dtd.29.8.2012 by depositing Rs.2.00 lakhs(Rupees Two lakhs) only. Subsequently, the complainant withdrawn Rs.50,000/- on dtd.7.9.12 with a remaining balance of Rs.1,50,000/-. When the complainant went for further withdrawal he found that the branch office of OP-Bank is closed. Complainant was shocked and issued Advocate’s notice to Opp.Parties to get back his deposited balance amount, but non of the Opp.parties respond to the grievance of the complainant, hence the complaint before the Forum with a prayer to get back his deposited amount of Rs.1,50,000/- alongwith interest and Rs.50,000/- as compensation and unfair trade practice.
3. Notice was issued to the Opp.parties by Regd. Post. OP No.2 & 3 refused to accept the notice, hence set-exparte by this Forum’s order No.4 dtd. 13.5.2014. OP No.1 received the notice but did not prefer to appear into the dispute accordingly OP No.1 set ex-parte by Order No.9 dtd.10.9.2014.
4. Heard the ex-parte arguments advanced by Ld. Counsel for complainant. It was the recital of the complaint petition which need not require further elaboration as the complaint is not countered by the Opp.Parties. In order to prove his case complainant filed a certified photo copy of S/B Account of complainant namely Manoj Kumar Rath bearingS/B Account No.403. The said S/B account disclosed that after dtd.30.3.2013 a balance amount of Rs./1,53,938/- stands deposited in the name of the complainant-depositor no further transactions reflected in the said S/B account. Complainant to adduce further evidence of service of summons filed an affidavit.
Considering the complaint we accept the version of the complainant and liable the Opp.parties for deficiency in service by not allowing the complainant-depositor to withdraw his amount deposited on the OP-Bank for which all the Ops are jointly and severally liable for deficiency in service and such acts of Ops definitely caused mental agony to the complainant-depositor.
O R D E R
Under the circumstances, it is directed that OP-Bank will refund the deposited amount of Rs.1,53,938/- with 6 per cent interest per annum calculating from dtd.30.03.2013 to till the realization of the amount failing which 9 per cent interest will be charged for the delayed period alongwith compensation of Rs.5,000/- for mental agony and Rs.1000/- as cost of litigation to be paid to the complainant.
The order is to be carried out within 30 days of receipt of the order.
Pronounced in the open Court, this the 29th day of November,2014.
