DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. CASE NO. 25 OF 2019
DATE OF FILING: 14.02.2019 DATE OF JUDGEMENT: 3.7.2019
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad
COMPLAINANT : Sri Swapan Kumar Halder, Vill. Bahir Kanjali, P.O Kashinagar, P.S Raidighi, Pin-743349, South 24-Parganas.
O.P/O.Ps : 1. The Branch Manager, Bank of India, Kashinagar Branch, P.O Kashinagar, Pin-743349.
2. The Zonal Manager, (Bank of India), Kolkata Zone, Dalhousi, Operation Branch, Kol-700 001.
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JUDGMENT
Sri Ananta Kumar Kapri, President
More than 10 years’ wait to get maturity value of his fixed deposit amount has proved to be futile and ,therefore, the complainant has filed the instant case under section 12, C.P Act, 1986 against the O.P Bank , alleging deficiency in service on their part.
Facts leading to the filing of the instant case by the complainant may be epitomized as follows.
Complainant invested Rs.65,500/- in a fixed deposit scheme in 1995 with O.P Bank i.e Bank of India , Kashinagar Branch ( O.P-1) from S.B Account being no. 4219 maintained with that bank. His certificate DBD account no. is 2278 and Certificate no. is 24/234. When the said certificate got matured he again renewed the same on 3.8.2002 for a sum of Rs.1,35,907/- . But as ill-luck would have it, he lost all his papers and could not ,therefore, withdraw the maturity amount from the bank. About 4 or 5 years after, he got trace of receipt of a bank and went to the O.P-1 bank to withdraw his maturity amount of certificate. By this time the banking system was computarised and the computer did not show anything about the certificate of the complainant. So, no money was paid to the complainant by the O.P bank. Complainant has written to the O.P-1 bank several times vide his letters dated 12.1.2008, 31.12.2009, 22.10.2009, 7.8.2010,and 23.8.2018 . The bank has also informed him several times on the basis of those letters of the complainant that they are not getting any trace of the certificate of the complainant despite vigorous search on their part vide O.P-1’s letter dated 31.12.2009, 29.1.2011, 23.6.2012, 12.4.2013, 18.5.2013 and 15.9.2018 . Now, the complainant has come up before this Forum with the prayer that the O.P Bank be directed to refund Rs.7 lac and compensation Rs.3 lac etc. Hence, this case.
The O.P bank appeared in this case and prayed for time to file written version. Several times were granted to the O.P bank, but ultimately the bank failed to file any written version and, therefore, the case proceeds exparte against the O.P Bank.
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- Is the O.P Bank guilty of deficiency in service as alleged by the complainant?
- Is the complainant entitled to get relief or reliefs,if any, as prayed for?
EVIDENCE OF THE PARTIES
The petition of complaint is treated as evidence of the complainant vide his petition dated 18.6.2019.
DECISION WITH REASONS
Point no.1 & 2 :
In the instant case, the complainant has stated that he invested Rs.65,500/- in a fixed deposit scheme in 1995 and thereafter the maturity value of the said amount was again renewed on 3.8.2002 with the O.P Bank. The O.P bank also issued a receipt and that receipt was misplaced by the complainant and, therefore, he could not collect the certificate from the O.P bank. It is also the version of the complainant that about 4 or 5 years after the renewal of the certificate on 3.8.2002, he was able to find out the receipt granted by the Bank. He showed the receipt to the bank and prayed for withdrawal of the maturity value of his certificate by the bank. But the bank killed and killed time; they did not do anything for withdrawal of the maturity amount in favour of the complainant.
The complainant has filed a photocopy of his DBD receipt dated 3.8.2002 which was issued to him by the O.P-1 bank. This receipt dated 3.8.2002 establishes that the account number of the complainant is 2278. It further establishes by its entry that Rs.1,35,907/- was renewed by the O.P-1 bank for six months with effect from 3.8.2002. Since then, many correspondences have been made by the complainant with O.P-1 bank . But the bank has not been able to give any relief to the complainant. 10 years’ pursuit by the complainant for getting the maturity amount of his certificate has ended in smoke. The photocopies of his letters dated 12.1.2008, 31.12.2009, 22.10.2009, 7.8.2010, 23.8.2018 have been filed on record and all these letters of the complainant go a long way to prove how the complainant has been subjected to constant harassment and mental agony by the O.P Bank. All these letters of the complainant have been received by the O.P Bank and the O.P bank is also seen to have issued letters to the complainant in reply. The photocopies of those letters of the bank dated 31.12.2009, 29.1.2011, 23.6.2012, 12.4.2013, 18.5.2013 and 15.9.2018 have also been filed on record by the complainant. All these letters also go to establish that the O.P Bank has done nothing fruitful towards the amelioration of harassment , mental agony and inconvenience faced by the complainant. All these facts are on record and go unrebutted and unchallenged. Relying upon this unrebutted and unchallenged testimony of the complainant we feel no manner of hesitation to hold that the bank has delayed to make payment of the maturity value of the certificate of the complainant.
There is no plausible explanation on the part of the bank as to why 10 years have been taken by them to address the grievance raised by the complainant. Unusual inability & delay on the part of the bank to allow withdrawal of the maturity value of the complainant in favour of him is nothing but gross deficiency in service on the part of the O.P Bank. The complainant has certainly undergone harassment and tremendous mental agony extending over a period of 10 years and still he has not got the maturity value of his certificate from the bank. He is ,therefore, deemed entitled to get compensation on account of harassment and mental agony suffered by him.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed on exparte against the O.Ps 4 with a cost of Rs.5,000/-.
The O.P nos. 1 and 2 Bank, who shall remain jointly and severally liable for payment to the complainant, are directed to pay Rs.1,35,907/- to the complainant with simple interest of savings bank account @6% p.a from 3.8.2002 till full realization thereof within two months of this order, failing which the said amount i.e Rs.1,35,907/- together with interest accruing thereon till the aforementioned period at the above rate will bear further interest @10% p.a till full realization thereof.
The O.Ps are also directed to pay a compensation of Rs.30,000/- to the complainant within a period of two months of this order , failing which, the compensation amount and cost amount will bear interest @10% p.a till full realization thereof.
Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.
President
I / We agree
Member
Dictated and corrected by me
President
