Date of filing:- 16/05/2016.
Date of Order:-06/02/2017.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (COURT)
B A R G A R H.
Consumer Complainant No. 17 of 2016.
Saroj Kumar Mahapatra, son of late Sitaram Mahapatra, Ambapali, W.No.17 (seventeen), Po/Ps/Dist. Bargarh. ..... ..... ..... Complainant.
The Branch Manager, Andhra Bank, Sarandapali Branch, Sarandapali, Ps. Barpali,
Dist. Bargarh. ..... ..... ..... Opposite Party.
Counsel for the Parties.
For the Complainant:- Sri S.K. Mahapatra, Advocate with other Advocates.
For the Opposite Party:- Ex-parte.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... P r e s i d e n t.
Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... M e m b e r.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r.
Dt.06/02/2017 -: J U D G E M E N T :-
Presented by Sri P. K. Dash, Member:-
The complaint pertains to deficiency in service enumerated under the provision of Consumer Protection Act-1986. The brief fact of the complaint is described here under.
The Complainant namely Sri Saroj Kumar Mahapatra resident of Ambapali, Ward No. 7(seven) Po/Ps/Dist. Bargarh is an account holder bearing No. 0997100250074 in the Opposite Party Bank i.e. The Branch Manager, Andhra Bank, Sarandapali, Ps. Barpali, Dist. Bargarh and as such a customer/consumer of the Opposite Party Bank.
That the Complainant had invested a sum of Rs. 50,000/-(Rupees fifty thousand)only in cash in terms of fixed deposit bearing receipt No. 099720100006685 for a term of three years @ 9.40% per annum on Dt.14/07/2012 which was to be matured on Dt.14/07/2015. That again the Complainant invested a sum of Rs.50,000/-(Rupees fifty thousand)only in terms of fixed deposit for a terms of five years on Dt.13/08/2013 for which the Opposite Party Bank issued a second fixed deposit receipt which was to be matured on Dt.13/08/2018.
That after the maturity of first fixed deposit, when the Complainant appeared before the Opposite Party Bank to withdraw the same, he came to learn that no amount was deposited in term of fixed deposit in F.D. Account No. 099720100006685 issued to him by the Opposite Party Bank when inquired into the matter, he was replied that the person in charge of issuing the said F.D.R. had not transferred the said sum from the saving account to the fixed deposit.
That in view of such act /omission /commission by the Opposite Party Bank the Complainant sustained a loss of interest for a period of one year from Dt.14/07/2012 to Dt.13/08/2013 for an amount of Rs. 4,700/-(Rupees four thousand seven hundred)only for no fault of his for which he complaint before the Opposite Party orally and then sent pleader notice to the Opposite Party Bank to which the Opposite Party Bank did not care to respond.
That such acts of Opposite Party is nothing but a breach of agreement and negligence in providing consumer service to the Complainant for which the Complainant seeks the redressal of the Forum to direct the Opposite Party to pay Rs. 4,700/-(Rupees four thousand seven hundred)only for loss of interest in the first fixed deposit and interest thereupon from the date of default, Rs. 10,000/-(Rupees ten thousand)only for mental agony and physical harassment besides litigation expenses and if any inequitable relief which the Forum deem fit.
The Complainant in support of his contention relied upon the xerox copies of the followings documents :-
Xerox copy of Account in the name of Complainant in the Opposite Party Bank.
Fixed Deposit receipts Dt.14/07/2012 and Dt.13/06/2013.
Pleader Notice Dt. 15/02/2015.
Registered Postal receipt.
In spite of being noticed, the Opposite Party Bank neither appeared nor filed any show cause before the Forum against the allegation of the Complainant against him. Several adjournments were made for the appearance of Opposite Party and filing show cause, failing which the Opposite Party Bank is set ex-parte in the complaint on Dt. 09/11/2016 and the complaint is heard ex-parte and posted for Order.
Gone through the petition filed by the Complainant and documents ,the Forum found that the Complainant is an account holder of the Opposite Party Bank and further more the Complainant was issued with two numbers of fixed deposit receipts bearing No. 099720100006685 on Dt.14/07/2012 amounting to Rs. 50,000/-(Rupees fifty thousand)only for a term of three years, interest @ 9.40% per annum and another fixed deposit bearing receipt No. 099720100008276 on Dt.13/08/2013 amounting to Rs. 50,000/-(Rupees fifty thousand)only for a terms of five years for an interest @ 8.75% per annum. The fixed deposit Dt.14/07/2012 was to be matured on Dt.14/07/2015 whose maturity value was Rs. 66,073/-(Rupees sixty six thousand seventy three)only and the fixed deposit dated 13/08/2013 was to be matured on Dt.13/08/2018 whose maturity value was found to be Rs. 77,077/-(Rupees seventy seven thousand seventy seven)only.
The only point here crop up for decision is that whether the Opposite Party Bank is liable for negligence in providing consumer service to the Complainant as per the Complaint ?
It is evident from the fixed deposit receipts filed by the Complainant that two fixed deposits were made by the Complainant with due fixed deposit receipts, the rate of interest along with the maturity value are also mentioned in those deposits. The allegation of the Complainant that the first fixed deposit bearing F.D. No. 099720100006685 had not been invested by the OP bank and for which the Complainant sustained interest for a period of one year i.e. from Dt. 14/07/2012 to Dt.13/08/2013 is not disproved by the Opposite Party Bank in any manner and his non appearance in the complaint and absence of any contrary prove against the Complainant make the allegation of the Complainant true. The Opposite Party Bank is liable for negligence in providing consumer service to the Complainant.
Basing on the complaint, evidence and documents available on record the Forum order as follows:-
- O R D E R -
The Opposite Party is directed to pay to the Complainant an amount of Rs. 4,700/- (Rupees four thousand seven hundred)only i.e. the interest for one year over the fixed deposit amount of Rs. 50,000/-(Rupees fifty thousand)only along with interest @ 6% (six percent) per annum over the amount Rs. 4,700/- (Rupees four thousand seven hundred)only from Dt.13/08/2013 till the date of Order, within one month from the date of Order, failing which the total awarded amount shall carry interest @ 12%(twelve percent) per annum till the date of actual payment. No award as to cost of litigation.
Complaint allowed and disposed off accordingly.
Typed to my dictation
and corrected by me.
I agree, I agree, (Sri Pradeep Kumar Dash)
M e m b e r.
(Ajanta Subhadarsinee) (Sri Krishna Prasad Mishra)
M e m b e r. P r e s i d e n t.
