Orissa

Rayagada

CC/158/2016

Sri Tanmaya Tulo - Complainant(s)

Versus

The Branch Manager, I.O.B. Bank - Opp.Party(s)

Self

06 Aug 2016

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

                         

                                            C.C. Case  No.158/ 2016

                                                                       

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Sri Gadadhara Sahu,B.Sc.                                      Member

Sri Tanmaya Tulo, S/o late Udayachandra Tulo, aged about 35 years, Resident of Balaram Nagar, Gunupur, Po/Ps Gunupur, Dist. Rayagada.                                                                                                                                                                                                                                              …..……Complainant

                                                            Vrs.

1.         Branch Manager, Indian Bank, Gunupur, Po/Ps Gunupur, Dist. Rayagada.

2.         Sri R.Mani Maran, General Manager, RBD/RT/MSME/Indian Bank Corporate Office,254-260 A Shanmugam Salai,Chennai-600014.                                                                                                                                                                                                                                                   ……...Opp.Parties

Counsel for the parties:

For the complainant: In Person

For O.Ps: Set Exparte

                                                              JUDGMENT

                        The facts of the complaint  in brief is that,  late Udaya Chandra Tulo the father of the complainant had made an FDR of Rs.17,421/-with O.p 1 on 25.08.2006 and  the maturity value of the said deposit is on 25.08.2007. After the said maturity  late Udayachandra Tulo had approached the O.p 1 for payment  of the said FDR but the O.p 1 has delayed the payment stating that it has automatically extended and the depositor can apply after its maturity date. Late Udayachandra  Tulo expired on 28.11.2009 leaving behind  the sole legal heir  the present petitioner to succeed to his properties. After the death of his father the complainant approached the O.p 1 for payment of the said amount but it was not paid to him. When the O.ps delayed to pay the complainant issued legal notice to the O.ps on 15.1.2015 and subsequent reminder on 29.1.2015 through E.mail. Due to the delay the O.ps caused deficiency in service causing financial loss and mental  as such the O.p are liable to pay the compensation . Hence prayed to direct the O.p to pay back the FDR amount deposited by Udayachandra Tulo with contractual rate of interest till its payment and award compensation of Rs.10,000/- for mental agony suffered by the complainant and cost of litigation. Hence this complaint. 

                        In spite of receipt of notice, the opposite party remained silent and did not turn of to file any written version and in absence of any written version from the opposite party we proceeded  the matter exparte and  believed  the entire  contentions of the complainant. The allegation of the complainant is  regarding non payment of FDR amount  deposited by the  father of the complainant. On  being  receipt of notice ,  the O.ps  never appeared and did not feel it necessary to answer the allegations of the complainant as such the O.ps were set exparte   and  hence, we passed  exparte  order against the OPs and  dispose of the matter with the following directions.

                        Section 2(1)(g) “deficiency” means any fault, imperfection, shortcoming or inadequacy performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be  performed by a person in pursuance of a contract or otherwise in relation to any service.

                        In view of the foregoing reasons, we are of the  due to the negligence of the O.Ps  , the complainant could not get his legitimate claim i.e. the FDR deposited by his late father Udayachandra Tulo   which caused mental agony and deficiency in service on the part of the O.ps and the O.ps have no other option than to  pay the same with up to date interest. Hence, the complaint is allowed in part and  the matter is dispose of with the following directions.

                                                                 ORDER

                        The petition of the complainant is allowed exparte  against  the O.ps and hence  the O.ps are directed to pay the deposited amount of Rs.17,421/- with interest as applicable  with compensation amount of Rs.5,000/- which include cost of litigation  to the complainant within thirty days of receipt of this order.

                        Pronounced in open forum today on this 30^th  day of August,2016 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties  free of charge.

 

           

                        Member                                                                       President

Documents relied upon:

By the complainant:

1. Advocate notice to the  O.P
2. Email of complainant to the O.ps
3. Deposit receipt

 

By the Opp.Party: Nil

 

                                                                                    President