Hon’ble Mrs. Rumpa Mandal, Member.

The pith and substance of the case is that the complainant MD Temizuddin deposited Rs. 2,00,000/- in O.P's financial institution at Punjab National Bank at Sunidhi road which was earlier known as United Bank of India for a period of 1 year that is from 22.07.2011 to 22.07.2012 with 9.15% rate of interest bearing receipt number  CSP/A0415745 under term deposit scheme. After the complainant superannuated from police department, he became severely sick due to which the complainant was unable to trace the where about of his deposited amount under term deposit scheme of Rs. 2,00,000/- in the O.P's  financial institution. Recovering from his severe illness, he thoroughly searched for the original deposit receipt under the terms deposit scheme. But despite several searches the complainant failed to find them neither he remanded for nor he remanded where he had kept them. Failure to trace the original deposit receipt the complainant is suffering from mental anxiety, exhaustion and suffering irreparable  loss and injury as well as pecuniary loss. On 20.09.21 the complainant lodged general diary regarding loss of the original deposit receipt under term deposit scheme bearing receipt number CSP/A-0415745 before the IC, Mathabhanga P.S bearing GDE No-111/10. Despite several attempts to get the duplicate copy of the original deposit receipt under term deposit scheme but OP Bank did not provide the same and he abstained from getting a maturity amount of the fixed deposit. On 18.11.21 complainant was compelled to serve a legal notice through Advocate. Finding no other alternative the complainant filed this case before this honorable Commission for having taking proper justice from the OP Bank. The cause of action of the present case arose  22.07.2017 when the complainant deposited Rs 2,00,000/-  in the O.P's financial institution which was earlier United Bank of India, Cooch Behar branch at Sunity Road for a period of 1 year that is from 22.07.2011 to 22.07.2012 and on 20.09.2021 when the complainant filed a General diary before the O.C of Mathabhanga P.S being GDE no 111/10 and lastly on 18.11.2021 and when the complainant served legal notice for taking duplicate copy of deposit receipt or maturity amount of the said fixed deposit under term deposit scheme from the OP Bank the complainant prayed for an award be directed to provide duplicate copy of the said  fixed deposit or to provide maturity amount of the said fixed deposit under term deposit scheme with internet Rs. 2 Lakh, Rs. 50,000/- as deficiency in service and Rs. 50,000/- as mental agony mental pain and harassment and Rs. 15000/- towards cost of the proceedings and other relief as per law and equity.

The OP contested the case by filing written version but after filing the written version OP did not turn over before this commission. In written version wherein they denied each and every allegation and argument. The positive defence case in few  words is that OP bank issued receipt being number CSP/A04 15745 in favour of complaint, MD  Tamizuddin against rupees 20000/- under cumulative  term deposit scheme for a period of 11 months. Complainant had approached  to the United Bank of India, Cooch Behar branch presently PNB for getting the benefit  of aforesaid scheme and accordingly, after maturity the OP bank has already credited the total fixed amount alongwith interest to the account of the complainant being account number 0240 100217941 on 23.07.12.So, the instant complaint of the complainant has got no footage in the eye of the law against opposition party. The OP also claimed that the case is liable to be dismissed with cost. The complainant i. order to establish the claim adduced evidence by filing evidence on Affidavit and documents before this Commission. Perused the pleadings of the complaint and the documents in the case record. Heard the argument advanced by the Ld. Advocate for the complaint.

The OP specifically mentioned in his written version with document that OP bank has already credited the maturity amount with interest for the said fixed deposit on 23.07.12 and the complainant has already withdrawn the amount in different time. The documents of United Bank of India formerly under the name and stayed as Punjab National Bank report on transaction for the period from 01.01.2010 25.12 2020 speaks itself in account number 0240010304727.

The complainant failed to prove the best documents the passbook of the relevant period. From the statement of the account filed by the OP, it stands well established that the OP has already credited the maturity amount to the account of the complainant.

The complainant also submitted the document as an Annexure-B dated 01.01.2010 to 25.12.2020.

So it is clear from the documents that op bank has already credited the maturity amount with interest amounting Rs.218937.55/-. This documents has no ambiguity and there is no question about the crediting the amount in the account of the complainant.

Thus in the backdrop of the aforesaid discussion and observation made herein above the present case is not maintainable in its present form and prayer. The complainant fails to produce the original passbook in 2012.  However, the complainant is at liberty to file the case afresh after collecting the information from the concerned bank for the relevant period. OP is directed to cooperate with the complainant in regard to the supply of information. The complainant is at liberty to file the case.

Hence, it is

Ordered

That the complaint case No. CC/3/2023 be and the same is dismissed ex-parte without cost with liberty to the Complainant to file the case afresh after collecting the information from the concerned Bank for the relevant period.

D.A. to note in the trial Register.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order be also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.