DATE OF FILING                    :     04.06.2014.

DATE OF S/R                            :      07.07.2014.

DATE OF FINAL ORDER      :     28.01.2015.

Meheraj Ali Laskar,

son of Ismat Ali Laskar,

Village Bankra Natunpara, P.O. Bankra, P.S. Domjur,

District Howrah……………………………………………………….. COMPLAINANT.

• Versus -

   

  The Branch Manager,

  United Commercial Bank,

  Bankra Branch, Village & P.O. Bankra,

  P.S. Domjur, District Howrah,

  PIN 711408………………..….………………………………………OPPOSITE PARTY.

   

                                                  P   R    E     S    E    N     T

   

  President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

  Member       :     Smt. Jhumki Saha.

   

                                           F  I   N   A    L       O   R   D    E     R

   

• 1. Complainant, Meheraj Ali Laskar,by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. to pay the pre matured amount of Rs. 61,572/- of Kuber Yogana Deposit being no. 07390310016800 with upto date interest, to pay Rs. 20,000/- as compensation for mental pain, agony and harassment and Rs. 10,000/- as litigation costs alongwith other relief or reliefs as theForum may deem fit and proper.

   

• 2. Brief fact of the case is that complainant invested Rs. 50,000/- on 16.3.2010 in fixed deposit with the o.p. and the maturity date was on 16.3.2013.The maturity value was Rs. 61,572/-. O.P. also issued KYD receipt no. 07390310016800 vide Annexure ‘A’. After the expiry of the due date i.e., 16.3.2013, complainant visited o.p.’s office with a request to release the maturity value of Rs. 61,572/- and made required endorsement on the back side of the receipt and submitted the original with o.p. But o.p. without paying out the maturity value, reinvested the same for the equal period of 3 years at the rate of interest of 9%. So, complainant submitted on 12.12.2013 a letter of request vide Annexure ‘B’ for premature encashment of the fixed deposit with the initial amount of Rs. 61,572/-. But it is alleged by the complainant that even in spite of the receipt of the said letter on 13.12.2013, o.p. remained silent. Ultimately on 20.02.2014, complainant sent lawyer’s notice to the o.p. with the same request as he is in earnest need of money. Still o.p. remained silent. Hence, the case.

   

• 3.Notice was served. O.p. appeared and filed written version. Accordingly, case heard on contest.

• 4. Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

1. Whether the complainant isentitled to get any relief as prayed for ?

    

   DECISION  WITH   REASONS      :

   5.Both the points aretaken up together for consideration. O.p. in its written version has categorically stated that as there was no material instruction on the date of maturity i.e., 16.3.2013 from the complainant, o.p. reinvested the matured amount of Rs. 61,572/- for the same period at a rate of 9% prevailing for F.Ds. Complainant invested initially on 16.3.2010 at a rate of 7%. So, complainant has not lost any thing. On the contrary, he made a gain by such action of the o.p. And on perusal of the backside of the copy of the receipt, we find complainant gave instruction on 05.04.2013 when the date of maturity was on 16.03.2013. But it is true that complainant wanted to have the prematured encashment on 12.12.2013 and o.p. should have taken proper action. People keep theirhard-earned money in bank so that they may get the benefit of such investment at their need. O.p. should not have forgotten this very spirit of investment. However, they have also stated in their written version that they are ready and willing to pay the amount of Rs. 61,572/- along with 9% interest to the complainant. But only afterfiling of this case, they are coming up with this proposal which cannot save the o.p. from the deficient in providing service to the complainant. Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 320 of 2014   ( HDF 320 of 2014 )  be  allowed on contest with  costs  against  the O.P.  

      That the  O.P.  is  directed to pay the amount of Rs. 61,572/- along with 9% p.a. interest since 16.03.2013 till actual payment to the complainant within 15 days from the date of this order i.d., 9% p.a. interest shall be charged on the entire amount.  

       That the complainant do get an award of Rs. 3,000/- as compensation and Rs. 2,000/- as litigation costs.

      That the o.p. is directed to pay the entire amount of Rs. 66,572/-  to the complainant  within one month from the date of this order i.d., the aforesaid  amount shall carry an interest @ 9% per annum till full realization.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.            

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F., Howrah.