West Bengal

Dakshin Dinajpur

CC/70/2022

Sri Manik Chandra Sarkar, S/O- Late Gobinda Sarkar - Complainant(s)

Versus

The Branch Manager, United Bank of India (Presently Punjab National Bank), Kumarganj Branch - Opp.Party(s)

Bidyut Kumar Roy

20 Feb 2023

ORDER

Today is fixed for passing ex-parte order. 

 The instant case has been initiated by the complainant U/S – 35 of C.P. Act, 2019 against the Opposite Party claiming an amount of Rs. 40,000/- + Compensation – Rs. 1,00,000/- + Litigation Cost – Rs.10,000/-  Total = Rs. 1,50,000/-.

The fact of the case, in brief, is that the Complainant made  a fixed deposit of Rs.20,00,000/- (Rupees twenty lack) with the O.P. Bank on 19.03.2015 for a term of five years vide FD A/C No.0394100456654. The maturity date of the said fixed deposit was on 19.03.2020 & the maturity amount of the said fixed deposit was Rs. 30,83,084/- (Rupees thirty lack eight three thousand nine hundred eithty four) as on 19.03.2020. After maturity when the complainant sent to the O.P. Bank to withdraw/receive the said fixed deposit amount, the O.P. bank asked the complainant to submit the Fixed Deposit Certificate and directed the complainant to write a letter to the bank for transferring the maturity amount to hgis savings bank account. Then the complainant in terms of O.Ps instruction and direction wrote a letter for transferring the maturity amount of the said FD to his saving bank account and also deposited the original FD Certificate to the O.P. Bank. The O.P. bank credited Rs. 30,43,971.16/- on 19.03.2020 to the savings account of the complainant as maturity amount of the fixed deposit. Through the maturity amount is Rs.30,83,084/-, but  the O.P. bank paid the amo8unt to the complainant by deducting Rs.39.112.84/- without any basis. The entire amount was the hard earnings of the complainant and any amount from it should not be deducted in his wrong manner. The complainant submitted an application on 08.10.2021 before the O.P. Bank regarding the less payment and wrong deduction of money. But the O.P. Bank did not take any steps regarding this matter. The aged ailing complainant repeatedly went to the O.P. Bank for his redress, but the O.P. bank did not take any action. Thereafter, the complainant lodged complaint through mail from the mail ID of his son before the O.P. bank on 16.03.2022. The complainant on several times requested the opposite party Bank to release the amount which they deducted illegally. But the opposite party is harassing the complainant only to put him in troubles. The cause of action of this complaint rose on 19.03.2020 as and when the FD Certificate of the complainant has been matured and as the complainant is entitled to get the entire maturity amount of FD bearing No.0394100456654 of Rs.30,83,084/- and as & when the O.P. Bank paid the maturity amount by deducting a sum of Rs.39,112,84 from the maturity amount without any basis  and even after claim and lodging complainant the opposite party withheld from praying the said amount and retained the same in their  wrongful custody without disbursing the same, rather relied in baseless consolatory speech on 16.03.2022 within the jurisdiction of this honorable Forum which is still continuing. Having no alternative, the Complainant filed the instant case for relief as prayed for.

            It appears from the case record that the notice was sent to the Opposite Party but despite of receiving notice, the Opposite Party did not appear before this Commission so, the case is proceeding ex parte against him.

To prove his case, the complainant has produced photo copies of -

1. Pass Book. 
2. Complaint dated 08.10.21 addressed to O.P.
3. Complaint through e- mail to the O.P.
4. Answer through e- mail by O.P. to the Complainant
5. Complainant through on line to the O.P.

 

                                             DECISION  WITH  REASONS

 

We have heard argument by Ld. Advocate for the Complainant.  Perused the case record and other materials on record.   

On perusal of the documents it appears that the Complainant made a fixed deposit of Rs.20,000,00/- with the Opposite Party on 19.03.2015 for a term of five years vide FD A/C No. 0394100456654. The maturity date of the said fixed deposit was on 19.03.2020 and the maturity amount was Rs. 30,83,084/- as on 19.03.2020. After maturity, the Complainant went to the Opposite Party and the maturity amount of the fixed deposit was transferred to the S/B account of the Complainant keeping the certificate of fixed deposit with the Opposite Party. But on perusal of the entry in the pass book, the Complainant found that a sum of Rs.39,112.84/- has less transferred to the account of the Complainant. The Complainant informed the matter to the Opposite Party but he did not pay any heed. The Complainant also lodged a complaint in writing and through mail even then the Opposite Party did not disclose to the Complainant as to why an amount of Rs.39,112.84/- has been deducted from his maturity amount of fixed deposit.  The Opposite Party also did not appear before this Commission to clarify regarding the deducted amount despite of valid service of notice upon him. Here, it is crystal clear that there is negligent act and deficiency in service on the Part of the Opposite Party. So, the Complainant is entitled to get relief.   

 

In view of the above mentioned discussions, it has been established that the Complainant is a bona fide consumer to the Opposite Parties under section 7(b) of Consumer Protection Act, 2019 and there is deficiency in service on the part of the Opposite Party.

 Hence, it is

                                                           O R D E R E D

 

            That the Consumer Case No. 70 of 2022 is hereby allowed ex parte in part but with cost. 

           The Opposite Party is directed to pay a sum of Rs.39,112.84/-(Rupees thirty nine thousand one hundred twelve and eighty four paisa) only along with an interest @ 8% from the 19.03.2020 (date of maturity) till the date of realization by issuing an account payee cheque in favour of the Complainant within 45 days. The Opposite Party is also directed to pay Rs. 5,000/- towards compensation and Rs.5,000/- towards litigation cost failing which the Complainant is at liberty to execute the order as per law.

           Let a plain copy of this order be supplied to the parties free of cost.