The fact of the case, in brief, is that the Complainant filed the instant case against the O.Ps U/S 12 of the C.P. Act 1986. The Complainant is a medicine wholesaler having his sole proprietorship firm under the name and style as M/S Roy sons Enterprises. He is running his business for earning his livelihood by means of self employment.
Further case of the Complainant is that previously there was a current Account with the O.P. No.1 Bank. In the year 2010 it was converted to cash credit Account vide No. 3091012848 for smooth running of his firm “Roy Sons Enterprises”. At the time of conversion of the aforesaid Account the Complainant on 11.10.2010 deposited two original Fixed deposit certificates as security deposit vide No. (i) RIDC No.01-A-01345 amounting to Rs.75,000/- dated 29.03.2007 ( Annexure- A) (ii) RIDC No. 01-A-137629 amounting to Rs. 49,000/- dated 09.09.2009 ( Annexure- B) respectively in the name of Sri Parimal Ch. Roy, the father of the Complainant. These two certificates were issued by the Uttar Banga Kshetriya Gramin Bank, Cooch Behar, i.e. O.P. No.2
Further case of the Complainant is that on 13.04.2012 the O.P. No.1 has liquidated the above mentioned two Fixed deposit certificates without prior consent of the Complainant, though at that time or at any time the Complainant was not defaulter in respect of his above mentioned cash credit Account. The O.P. No.1 even did not inform the Complainant about that liquidation. The O.P. No.2 i.e. the “Uttar Banga Kshetriya Gramin Bank” informed the Complainant that the Fixed deposit certificates were liquidated at Rs.1,21,470/- and Rs.60,013/- respectively on 13.04.2012. Subsequently it was observed by the Complainant that Rs.1,73,596/- has been credited to the joint Account of his Father & Mother( Sri Parimal Ch. Roy & Mrs Labanya Roy) vide A/C No. 3064443732 with the O.P. No.1 ( Annexure- C).
Further case of the Complainant is that the said two fixed deposit certificates were liquidated without any cogent reasons. On 26.08.2013 after the lapse of One year Four months and Thirteen days the O.P. No.1 had credited only Rs. 1,73,596/- though the certificate were liquidated at Rs.1,21,470/- and Rs.60,013/- i.e. Total of Rs.1,81,483/-. But the O.P. No.1 Bank did not give any explanation about the delay and why the rest amount of Rs.7,887/- was deducted from the total liquidated amount. Thereafter the Complainant went to O.P. No.1 Bank on several occasions and asked the Manager to look into the matter and to return the rest amount of Rs.7,887/- in his Father’s Account. The Manager of the Bank( O.P. No.1) assured him that the O.P. No.1 will rectify the said mistake immediately. But all the efforts of the Complaint were in vain. Lastly on 06.11.2017 the Complainant sent a letter to the O.P. No.1 to look into the matter and also to take necessary steps i.e. (Annexure- D). A copy was also sent to the Regional Manager of O.P. No.1 (Annexure- E). After receiving the said letter the O.P. No.1 did not response.
Thereafter finding no other alternatives the Complainant filed this instant case before this Forum and prayed for his dues amount of Rs.57,445/- and prayed for Rs. 25,000/- for his mental agony and harassment cost of the case inter alia.
Summons were issued to the O.Ps and these were duly served upon them( vide Order No.03 dated 01.11.2018). Despite O.Ps did not turn up. As such the case is proceeded ex-parte.
In Order to prove the case the Complainant has filed evidence on affidavit, written Argument and some documents as per his Firisti.
We have heard the argument of the Complainant and perused the materials available on record.
Considering the above pleadings the following issues are necessarily come out to arrive at a decision.
POINTS FOR CONSIDERATION
- Is the Complainant consumer as per section 2(1) (d) (ii) of the consumer protection Act, 1986?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the Complainant?
- Whether the Complainant is entitled to get relief/ reliefs as he prayed for?
DECISION WITH REASONS
Considering the nature and character of this case all the points are taken up together for consideration for the sake of brevity and convenience as all the points are interlinked to each other.
Point No.1.
From the averments of the complain petition it appears that the Complainant is maintaining a cash credit Account with the O.P. No.1 Bank vide No.3091012848 for smooth running of his firm i.e. “Roy Sons Enterprises’’. So the Complainant is a consumer of the Central Bank of India( O.P. No.1) as per provision laid down U/S 2 (1) d (ii) of the C.P. Act, 1986.
Point No.2.
The Complainant is a resident of B.S. Road, Rasaraj Building, P.S. Kotwali, P.O. & Dist- Cooch Behar, Pin-736101 and both the O.P. No.1 & 2 are also situated at Cooch Behar. The Complainant and the O.Ps both fall within the territorial Jurisdiction of this Forum and the claim amount of the Complainant does not exceed the pecuniary jurisdiction of this Forum and as such the instant case is maintainable and this Forum has both the territorial and pecuniary jurisdiction to entertain the case.
Point No.3.
On hearing of the argument and on perusal of the documents, it reveals to us that the Complainant is maintaining a cash credit Account with the O.P. No.1 Bank vides Account No.3091012848 for smooth running of his firm i.e. “Roy Sons Enterprises’’. Previously the above mentioned Account was a current Account but in the year 2010 it was converted to cash credit Account. At the time of conversion the Complainant on 11.10.2010 deposited two original Fixed deposit certificates as security deposit vide No.(i) RIDC No-01-A-01345 deposit value Rs. 75,000/-, date of deposit 29.03.2007, Maturity date 29.12.2014, Maturity value Rs.1,58,230/- and (ii) RIDC No-01-A-137629, deposit value Rs.49,000/-, date of deposit 09.09.2009, Maturity date 09.09.2014, Maturity value Rs.7,2811/- respectively both stand in the name of Sri Parimal Ch. Roy the father of the Complainant. Both the certificates were issued by the O.P. No.2 Bank (Annexure - A) and (Annexure-B) respectively.
The above mentioned cash credit Account of the Complainant is still alive without violating any terms and condition of the O.P. No.1 Bank till date and as such the Complainant is still entitled to rest amount of Rs.57,445/-. Annexure –“F’’ in series indicates that the transaction between the Complainant and the O.P. No.1 is still existing. Therefore there is deficiency in service on the part of O.P. No.1.
Point No.4.
Point No. 4 also bears positive result favoring the Complainant and that should be reflected in the Ordering portion.
Thus, all the points are disposed of accordingly.
Fees paid are correct.
Hence, for ends of justice, it is,
Ordered
That the instant case be and the same is allowed ex-parte with costs. The Complainant do get a decree of his rest amount of Rs.57,445/- + Rs. 10,000/- as compensation. The Complainant do get a further decree of Rs.20,000/- for his mental agony and sufferings + litigation costs of Rs. 5,000/- i.e. total decreetal amount is Rs. 57,445/- + Rs.10,000/- + Rs.20,000/- + Rs.5,000/-= Rs.92,445/-( Ninety two thousand four Hundred and forty five only).
The Branch Manager O.P. No.1, of Central Bank of India, Cooch Behar Bazar Branch, Minakumari Chowpathi, P.O. & Dist- Cooch Behar, is hereby directed to pay the aforesaid decreetal amount to the Complainant Sri prabir Kishore Roy within 30 (Thirty) days from this day failing which the Complainant will be at liberty to put this decree into execution accordingly to Law.
In case of realization of the decteetal amount through execution the Complainant will be entitled to 8% interest per Annum on the decreetal amount from the date of filing of this case from 19.09.2018 till liquidation of the entire decreetal dues.
Let a plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action. The copy this Final Order/Judgement also available at www.confonet.nic.in.
Dictated and corrected by me.
