J U D G E M E N T

Mr. Sankar Kumar Ghosh, Hon’ble President ─ This consumer complaint under section 12 of C.P. Act, 1986 has been filed by the complainant against the OPs named above alleging deficiency in service on the part of the OPs.

                   Complainant’s case, in brief, is as follows: -        That complainant along with her father, Dilip Kumar Sett jointly deposited a sum of Rs.5,00,000/- in the UCO Bank on either or survivor basis under Kuber Yojana Deposit Scheme on 19/03/2015 and on the same date complainant also along with her mother, Ujjala Sett deposited a sum of Rs.3,00,000/- in the said band on either or survivor basis undernKuber Yojana Deposit Scheme and accordingly, after receiving the same OP No. 1 issued 2(two) Fixed Deposit Certificates and the date of maturity of the said 2(two) Fixed Deposit Certificates was 19/03/2020.

That after said Dilip Sett, father of complainant died on 10/01/2016 and also Ujjala Sett, mother of complainant died on 29/03/2019 i.e. before the maturity date of the 2(two) Fixed Deposit Certificates.

                   That after expiry of both father and mother of complainant and before maturity date of the said 2(two) Fixed Deposit Certificates complainant met with OP No. 1 for withdrawal of money of said 2(two) Fixed Deposit Certificates and after discussion the Manager of OP No. 1 suggested for opening a Savings Bank Account in the said Bank and after maturity the said maturity amount will be transferred to the S.B. Account of the complainant.  Accordingly, complainant opened an S.B. Account in the said bank of OP No. 1 on 20/03/2020 being Account No. 09330110066683.

                   That complainant further stated that after maturity of the said 2(two) Fixed Deposit Certificates complainant several times met with the Bank Manager of OP No. 1 but the said Bank Manager refused to do the same and as per direction of the said Bank Manager complainant produced the original certificates before the said Bank Manager and after receiving the same the said Bank Manager written a date i.e. 01/07/2020 as re-investment date though the said certificates was matured on 19/03/2020.

                   That thereafter the said Bank Manager of OP No. 1 supplied several forms for withdrawing the said maturity amount and as per direction of said Bank Manager complainant submitted all the necessary papers as per banking rules and regulations, death certificates of her father and mother, legal heirs certificates by MLA affidavit by 1^st class Judicial Magistrate, legal heirs certificate of Councilor and other relevant papers but after verification of said papers/documents Bank Manager intentionally delayed the matter in getting the said maturity amount of complainant though OP No. 3 also submits disclaimer form according to banking rules and regulations which was also supplied by the said Bank Manager of OP No. 1.

                   That complainant on several occasions sent letters on 03/09/2020, 07/10/2020, 27/01/2022 and lastly on 24/02/2022 through her Ld. Advocate and complainant several times personally visited and met with the said Bank Manager but after receiving all the letters the said Bank Manager of OP No. 1 refused to do the same and also misbehaved with the complainant.

That after Complainant, in fact, alleged that OP No. 1 have no right to delay the matter regarding the maturity amount of the said 2(two) Fixed Deposit Certificates and accordingly filed the instant case praying for relief/reliefs which are as under: -

1. An order directing upon the OP No. 1 to give maturity amount to the complainant of the said 2(two) Fixed Deposit Certificates i.e. Rs.7,89,849/- and Rs.4,73,909/- respectively with statutory rate of compound interest thereon since 19/03/2020 to till the date of passing final order.
2. An order directing upon OP No. 1 to give award of Rs.2,50,000/- to the complainant for harassment.
3. Any other relief/reliefs as the complainant is entitled to get under law and equity.

POINTS FOR DECISION

Is the complainant entitled to get relief/reliefs as prayed for?

DECISION WITH REASON

                   To prove her case complainant has tendered her written examination-in-chief supported by evidence on affidavit and BNA and she has also filed photocopies of all relevant documents in support of her case.

We have gone through the said evidence of the complainant and the documents filed by her.

It appears that in her evidence, the complainant has fully corroborated her case of the petition of the complaint and the documents filed by her also lend support to the case of the complainant. So, in view of the said evidence of the complainant and the documents filed by her, remaining un-challenged, it is held that the complainant’s case is proved and she is entitled to get the reliefs as sought for.

                   Hence, it is,

O R D E R E D

                   That the instant case being No. 101 of 2022 is allowed ex-parte with costs against the OP Nos. 1 & 2 with costs and ex-parte against OP No. 3 without cost.

                   OPs Nos. 1 & 2 are hereby directed to pay the Matured amount of 2(two) Fixed Deposit Certificates i.e. Rs.12,63,758/- only to the complainant as per terms and conditions mentioned in the scheme along with interest @ 6% from the date of maturity of the policy in question till realization of the full amount.

                   OP Nos. 1 & 2 are categorically directed to pay compensation of Rs.50,000/- to the complainant for mental harassment and financial negligence.

                   OP Nos. 1 & 2 are also directed to pay Rs.10,000/- as litigation costs to the complainant.

                   All such payments shall be made within 30(thirty) days from the date of this order.

                   Let copy of this order be given to the parties free of cost.

Dictated & Corrected by me

 (Mr. Sankar Kumar Ghosh)

President, DCDRC, Howrah