BY -    SMT. KABITA ACHERJEE (GOSWAMI) MEMBER

The facts of the case to put in a nutshell are that the Complainant is a permanent resident of the above noted address and a citizen of India by birth. Complainant is a regular customer and consumer of the O.P. Bank and is holding a Joint Savings Bank Account along with his son namely Partha Sarathi Senapati vide A/C No. 1729010019691 at the Khanyadihi Branch. On 14.07.2021, the Joint Holder and his son of the complainant namely Partha Sarathi Senapati deposited a sum of Rs. 10,000/- in the said account and also applied for an A.T.M. Card, and thereafter applied for a term deposit of Rs. 20,000/- in his name by depositing the money and by filing up the requisite forms supplied by the Branch Manager O.P. on the same date. The Branch Manager OP made all entries to the Bank Computer but suggested complainant to collect the receipt/Term Deposit Certificate on the next day, by stating his various limitations viz. Lack of staffs due to pandemic situation, link failure etc. The complainant on utmost trust and belief upon the OP, duly co-operated with him and left the bank on that day. Complainant visited again the Branch manager Op on 16.07.2021 at about 1:30 p.m. along with his son and joint holder of account Partha Sarathi Senapati, and they were advised by the Branch manager OP to wait for 30 minutes by assigning reasons that the printed receipts were still not ready. While the complainant and his son were waiting, suddenly at 2:00 P.M. the Branch Manager ordered them to leave the bank immediately in utmost rude manner by stating reasons that the “Tiffin time” had started and they were not allowed to stay in the bank. The complainant and his son however left the bank premises and came back at 2:30 P.M. and asked the Branch Manager OP for the printed receipt of the Term Deposit made on 14.07.2021. Then suddenly the Branch Manager OP became furious and started shouting in high pitch that” you are not co-operating with the bank etc. both the complainant and his son protested and asked again for the printed receipt, but the Branch Manager OP gave them to ultimatum that he will never give the printed receipt to the complainant any more, that thereafter ordered the other staff of the bank to push them out of the Bank. Since then, till date the complainant has neither been given the printed receipt for the Term Deposit nor he has been delivered his ATM Card despite of passing of at least 2 months till date. Complainant lodged several complaints before the bank authorities and also before the local authorities even he served a Legal Notice to the Op on 11.08.2021 through his Ld. Advocate but without any fruitful results. It is humbly submitted that banking is a business which depends upon the trust, faith and belief of common people but the activities of the O.P. bank including physical cruelty and verbal abuse beside non-supply of receipts, and not only that, it breaches several provisions of law of the land and results in gross deficiency in rendering service. The complainant being a bona fide consumer under the O.P., has been forced to suffer a severe loss, harassment, illegality, threat and mental pain due to gross negligence and severe deficiency in rendering service by the OP. The whole act done by Opposite Party’s end is not only illegal and against the settled principles of law, but also tantamount to sheer deficiency in rendering service and negligence causing serious mental agony and economical loss to the complainant.

Finding no other alternatives the complainant is hereby filing this case before Your Ld. Commission, Partha Sarathi Senapati praying for the following reliefs. The cause of action of this case has finally occurred on 14.07.2021 since the complainant deposited Rs. 20000/- as term deposit, applied for an ATM Card and the son of the complainant deposited Rs. 10000/- in the joint account and it continues till date. All the relevant papers and documents have been filed in Xerox copies.  

Notice was issued upon the Opposite Party. Upon service of notice op appeared before this commission but did not contest the case. Hence, the case is heard ex-parte against the OP.

Points for determination are:

1. Is the case maintainable in its present form and in law?                                            2.   Is the Complainant entitled to the relief(s) as sought for?

Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

We have carefully perused the affidavit of the complainant and evidence produced by the Complainant .The complainant is consumer. In the facts and circumstances, the case is maintainable in the present form and in law,

In order to ascertain whether Op bank is deficient in rendering service or not. We have to look into the evidence of the complainant and other materials on record,

It is found from the case record as well as the evidence of the complainant that he deposited of Rs. 20,000/- on 14.07.2021 with the Op bank for purchasing a FD Certificate and also deposited Rs. 10,000/- on the same day and for applying on ATM Card.

It is seen from the case record, on 14.03.2022 op was present before this District Commission and submitted by a prayer for sending the original documents before this Commission this. So, it is crystal clear that the Op did not hand over the aforesaid documents to the complainant on the date of deposit/issue or on any subsequent date as stated by the Complainant.

The Op Bank failed to clarify as to why he retained FD Certificate and the ATM Card with him for a long period of time. The Op bank did not contest this case by filing WV and if there is any genuine reason for not handing over the same, the OP bank could maintain all these reasons in the WV.

In absence of such the unchallenged testimony of the complaint should have to be considered and we find that the Op did not hand over the FD Certificate and ATM Card to the complainant within time. The Op bank delivered all these documents to the complainant after initiation of this case, in this commission. Therefore, we find that there is clear instance   of deficiency in service on the part of the OP bank.

Considering the entire matter evidence and other materials on record we are of the view that the complainant has been able to proof this case and the Op bank should pay compensation amounting Rs. 1,000/- for deficiency in service by the OP and also to pay Rs. 1,000/- for harassment and mental agony etc.

         Thus both the points are decided in favour of the complainant.

Hence, it is

O R D E R E D

That CC/119 of 2021 be and the same is allowed Ex-parte against the OP .

The op is hereby directed to pay Rs. 1,000/- as compensation and also to pay Rs. 1,000/- as towards litigation cost to the complainant within 45 days from the date of this order.

In default the complainant is at liberty to put the order into execution as per law.

Let a copy of this final order be given/handed over to the Complainant and the OP free of cost.