DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 92 of 2018

 

1. Sri Nani Gopal Ganguli,

S/O. Late Khagendra Ganguli,

Resident of Ramnagar Road No.1,

P.O.-Ramnagar, P.S.-West Agartala,

Dist.-West Tripura, Pin-799002.

 

2. Sri Pallab Ganguli,(Mentally Retarded Person),

S/O.-Late Khagendra Ganguli, Represented by Sri Nani 

Gopal Ganguli being legal guardian of Pallab Ganguli, who is the mentally retarded person,

Resident of Ramnagar Road No.1,

P.O.-Ramnagar, P.S.-West Agartala,

Dist.-West Tripura, Pin-799002.........…....................Complainants.

 

     VERSUS

 

1. The Branch Manager,

United Bank of India,

Akhaura Road Branch,

P.O.-Ramnagar, Agartala,

Tripura West,

Pin-799001.

 

2. The Chief Regional Manager,

United Bank of India,

Tripura Regional Office, Durgabari Road,

P.O.Agartala, P.S.-West Agartala,

Tripura West …................................................ Opposite parties.

 

      __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

 

For the Complainant : Sri Gori Sankar Bhattacharjee,

  Sri Manoj Debnath,

  Advocates.  

For the O.P. Nos. 1 & 2 : Sri Loknath Datta,

  Advocate.  

                                                             

JUDGMENT  DELIVERED  ON: 04/09/2019

J U D G M E N T

The Complainants set the law in motion by presenting the petition U/S-12 of the Consumer Protection Act, 1986 complaining deficiency in service committed by the O.P. nos. 1 & 2.

Complainants' case in brief is that the Complainant No.1, Sri Nani Gopal Ganguli is a senior citizen and the complainant No.2 who is his elder brother is a mentally retarded person. Complainant no. 1 has been declared as legal guardian of the Complainant no. 2 by a competent authority. The Complainant no. 1 was a Govt. servant and that after his superannuation he opened a Joint Recurring Deposit on 16.11.17 vide Account no.2161100010380 with the O.P. United Bank of India, Akhaura Branch, Agartala in his name and also in the name of his dependent brother, Pallab Ganguli. The Recurring Deposit Account was made on monthly deposit @ Rs.30,000/- per month for 12 months and the maturity value was fixed at Rs.3,72,057/- which would have been due on 16.11.2018. As per the scheme of the Recurring Deposit, the complainant, Nani Gopal Ganguli has already deposited the due amount @ Rs.30,000/- per month in 12 installments till 20.10.2018. The complainants have stated in the  complaint that the O.P. Bank after accepting the full installment amount closed the Recurring Deposit Account of the Complainants. The complainants further stated in the complaint that they have also a Joint Savings Bank Account with the O.P. Bank vide A/C No. 2161010010584. The complainant no.1 has got cheque facility against the said Account. The complainant alleged that the O.P. Bank did not credit the maturity amount against the Recurring Deposit valued Rs.3,72,057/- to the Joint Savings Account of the Complainants. The O.P. Bank has only deposited Rs.3,70,058/- on 16.11.2018 instead of Rs.3,72,057/- being the maturity value. When the complainant found that less amount was deposited he contacted with the Branch Manager  who could not give him any satisfactory reply. The Branch Manager also misbehaved with him. The complainant being annoyed with such behavior filed a representation before the Regional Manager of the O.P. Bank on 28.11.18. The complainant no.1 having had confirmed that an amount of Rs.3,70,058/- has been credited to their joint account issued a cheque bearing no - 404692 dt. 04.12.18 drawn on UBI, Akhaura Branch in favour of ''Solution X'' for an amount of Rs.3,00,000/- for the purpose of meeting up his debt.  On 05.12.18 the payee 'Solution X' informed the complainant no.1 that when the cheque was placed for clearance through their Bank namely Bandhan Bank, Agartala Branch and that when the cheque was sent for clearance the O.P. no.1 UBI Bank returned the cheque. In the return memo which was furnished by the Bandhan Bank the cause of returning the  cheque has been mentioned as ''Kindly contact drawer, drawee Bank and please present again.'' After getting this information the complainant no.1 rushed to the Branch Manager of the O.P. Bank at Akhaura Road Branch and requested him to clarify as to why the cheque issued by him was not honoured. The Branch Manager was unable to give any satisfactory reply to the complainant. The Branch Manager, however advised him to contact with the Higher Authority.  The complainant no. 1 thereafter on 06.12.18 by issuing one self cheque bearing no- 404693 withdrew Rs.3,00,000/- in cash from the joint account. The complainant then realized that the O.P. bank without any reason had dishonored his earlier cheque. The complainant further alleged in his complaint that the O.P. Bank on flimsy ground has deducted Rs.234/- on 06.12.18 from the Joint Savings Bank Account showing as  as penalty charge for bouncing of the cheque. 

Being dissatisfied and displeased with the conduct of the O.Ps the complainants has filed the instant consumer complaint claiming compensation to the tune of Rs.52,233/- including  litigation expenses against the O.Ps. 

Hence, this case.       

Both the O.Ps after receiving the notices appeared before the Forum and filed written objection denying the claims and contentions of the complainants. According to the O.Ps the R.D. Account was opened in the name of the complainant no.2 Sri Pallab Ganguli. The O.Ps have further stated that the last amount in the R.D. Account of the Complainant No.2 was deposited on 20.10.18 and the said account was closed on 16.11.2018 and that for that reason it was shown in the computer system as prematured closure having the amount Rs.3,70,058/- which was subsequently credited to the Savings Account of the complainants. The O.Ps have denied any kind of misbehavior with the complainant no.1 by the O.P. Branch Manager. The O.Ps have also denied dishonoring of cheque by them which was issued by the complainant on 04.12.2018. They have alleged that the cheque was returned from the Bandhan Bank for reasons mentioned in the return memo outward clearing (CTS) as ''Kindly contact drawer, drawee bank and please present again”. According to the O.Ps at the relevant time  the balance amount in the S/B Account of the complainant was Rs. 468549.49. Hence the fault according to the O.Ps lies with the Bandhan Bank. While admitting deduction of Rs.234/- from the S/B account of the Complainant the O.Ps have stated in the written objection stated that the amount was deducted as service charge which is according to the RBI guidelines. The O.Ps have denied any sort of deficiency of service on their part towards the complainant. They have thus prayed for dismissal of the compliant with costs.

 

3. EVIDENCE ADDUCE BY THE PARTIES:-

  The Complainant examined himself as PW-I and submitted his examination in chief by way of affidavit. He has produced 08 documents comprising 09 sheets viz guardianship certificate  dated 30.03.2015  in the name of Pallab Ganguli issued by the D.M., West Tripura, certificate for person with disability in the name of Pallab Ganguli, the Complainant no.2, copy of the representation dated 28.11.2018 addressed to the Chief Regional Manager, Agartala, copy of the pass book against joint Account no-2161010010584 of the complainants, copy of the Recurring Deposit Bank Pass Book, in the name of the complainant Nani Gopal Ganguli, copy of the cheque bearing no- 404692 dated 04.12.18 under UBI in the name of the payee 'Solution X' amounting to Rs.3,70,000/- issued by the complainant Sri Nani Gopal Ganguli, Copy of the deposit slip dated 04.12.18 of the Bandhan Bank and copy of return memo dated 05.12.18 of the Bandhan Bank Ltd. 

  The O.Ps have not adduced either oral or documentary evidence in support of their case.   

 

4. POINTS TO BE DETERMINED:- 

  (i) Whether there is deficiency of service on the part of the O.Ps?

  (ii) Whether the complainants are entitled to get compensation/  relief as prayed for?

5. DECISION AND REASONS FOR DECISIONS:- 

We have heard arguments advanced by Learned Advocates for the complainants and the O.Ps.

  We have also gone through the complaint, the evidence adduced by way of Affidavit of the Complainant and the documentary evidence produced by the Complainant.  The O.Ps. have not produced documentary evidence controverting the evidence adduced by the Complainants. 

We are satisfied that the Complainants had opened one joint Recurring Deposit on 16/11/2017 with the UBI, Akhaura Branch, Agartala. The account Number was 2161100010380 and that the Complainant paid the full amount @Rs.30,000/- per month for 12 months commencing from November, 2017 and ended on 20/10/2018. As per the scheme of the said Recurring Deposit the maturity value comes to Rs.3,72,057/- which is due to be paid to the Complainant No.1 on and from 16/11/2018.  Both the Complainant have also a joint Savings Bank Account with the O.P. Bank vide  A/C-2161010010584. We find that the O.Ps. instead of crediting the full maturity value under the R.D. Account amounting  Rs.3,72,057/- credited only Rs.3,70,058/-, thus depriving the Complainants of  Rs.1,999/-.  

             It is also evident from the evidence on record that the cheque bearing No.404692 dated 04/12/2018 issued by the Complainant No.1 in favour of the Payee “Solution X” for an amount of Rs.3,70,000/- drawn on the O.P. UBI, Akhaura Branch which was presented before the said Branch by the Bandhan Bank who is the payee's Banker had been returned by the O.P. UBI, Akhaura Branch. As per the return memo dated 05/12/2018 furnished by the Bandhan Bank under Exhibit-I series it reveals that under the heading return comments it has been mentioned therein as : “kindly contact Drawer”. 

       We find that the O.Ps. in their W.O. at Para 13 have stated that at the relevant point time i.e. on 04 & 05 December,2018 there was balance amount of Rs.4,68,549.49 against the SB A/C of the complainants at the UBI, Akhaaura Branch, Agartala. 

        Hence, we fail to understand as to why the cheque which was issued by the Complainant No.1 in favour of the Payee “Solution X” had been returned by the O.P. UBI, Akhaura Branch, Agartala when the complainants at the relevant point time having sufficient fund in their SB A/C. 

  We further find that the O.P. No.1 deducted Rs.234/- from the Account of the Complainants. The O.Ps. in their W.O. while admitting the said deduction stated that it was done as a service charge as per RBI guidelines. But the O.Ps. have failed to furnish any iota of evidence in support their contention. 

          Having regard to the evidence on record as well as the pleadings of the parties we are satisfied that the O.Ps. have negligently dealt with the matter of the Complainants. Admittedly, both the complainants are senior citizens. The O.P. No.1 should have taken proper care and give attention particularly for the Complainant No.1 who is the dealing with the Bank transactions with the Bank. The genuine claim of the complainants according to us should have been attended to by the O.P. No.1.

    We are surprised to find that at the stage of arguments of this case on behalf of the O.Ps. a letter was sent to the Complainant Sri Nani Gopal Ganguly on 11/07/2019 requesting him to withdraw the Consumer complaint(instant case) as the Bank has decided to refund Rs.234/- being the cheque return charge and the interest on RD A/C No.2161100010380 of Rs.1,999/- which was due for payment and also to be credited in the SB A/C No.2161010010584 of the Complainants. The Complainants however have not acted upon the letter of the O.P. Bank. 

  The O.Ps. according to us ought to have taken such steps much earlier i.e. at least before the stage of evidence of this case. 

6. In view of the discussion made above we find and hold that the complainants have succeeded in establishing their case  U/S 12 of the Consumer Protection Act 1986 against the O.Ps.  

  We accordingly find the O.P. Nos.1&2 guilty of committing deficiency of service against the Complainants and that both the Complainants are entitled to get compensation and relief as the Complainants have suffered harassment and mental agony by the O.Ps.  

        Both the issues are decided accordingly. 

  Resultantly, it is here by directed that the O.P. Nos.1 & 2  shall return Rs.1,999/- & Rs.234/- being the unpaid interest on the RD Account of the Complainants and the cheque return charge which was illegally debited from the joint Account of the Complainants on 06/12/2018.

The O.P. No.1 & 2  shall also pay Rs.20,000/- to the Complainants for causing mental agony and harassment together with Rs.5,000/- being the litigation costs. Thus, the O.P. No.1&2  jointly & severely shall have to pay in total Rs.27,233/- (Rs.1,999/- + Rs.234/-Rs.20,000/- +  Rs.5,000/-) to the Complainants within a period of 2 months from the date of judgment failing which the amount shall carry interest @ 9% P.A. till the payment is made in full. 

 

ANNOUNCED

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

SRI U. DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.