Date of filing:- 18/12/2014

Date of Order:- 23/12/2015

DISTRICT CONSUMER DISPUTES REDRESSAL FOURM (COURT)

B A R G A R H.

Consumer Dispute Case No. 36 of 2014.

Ritesh Pradhan, aged about 30(thirty) years, Son of late Ganesh Pradhan, R/o Ward No. 3(three) Bargarh, P.O./P.S./Tah./Dist.- Bargarh-768028 (Odisha)

..... ..... ..... Complainant.

• V e r s u s -

The Branch Manager, Panjab National Bank, Bargarh Branch, At. Ambika Complex,

Canal Avenue, Bargarh . At./P.O./Dist.-Bargarh 768028.

..... ..... ..... Opposite Party

Counsel for the Parties:-

For the Complainant :- Sri P.K. Mahapatra Advocate with others Advocates.

For the Opposite Party :- Ex-parte.

-: P R E S E N T :-

Mrs Anjali Behera .... ..... ..... ..... M e m b e r.(w), I/c President.

Sri Pradeep Kumar Dash ..... ..... ..... ..... M e m b e r.

Dt.23/12/2015. -: J U D G E M E N T:-

President by Smt. A.Behera, Member, I/c President.

Facts of the case:-

Complainant is a customer of Opposite Party and alleges deficiency of service and prays for suitable compensation. Complainant and his father had deposited money with the Opposite Party in Multi Benefit Deposit Scheme. The father of the Complainant who also was a customer of the Opposite Party and deposited money with them, died on Dt.14/10/2009 before withdrawal of his money to which Complainant is the legal heir and rightful person to receive the money. Complainant had deposited Rs.40,421/-(Rupees forty thousand four hundred twenty one)only for a period of 96(ninety six ) months in the Multi Benefit Deposit Scheme vide certificate issued to him No. RMD 340176 Dt.21/03/1998 assigning account No. 151(one hundred fifty one) and whose maturity was on Dt.21/03/2006 and maturity amount being Rs.69,051/-(Rupees sixty nine thousand fifty one)only. Likewise the deceased father of the Complainant had also deposited Rs.14,258/-(Rupees fourteen thousand two hundred fifty eight)only and Rs.40,421/-(Rupees forty thousand four hundred twenty)only for and period of 96(ninety six) months vide RMD No. 340174 Dt.21/03/1998 and RMD No.340175 Dt.04/01/1996 account assigned 150(one hundred fifty) for both. These deposits and maturity was on Dt.21/03/2006 and Dt.04/01/2004 for maturity amounts Rs.69,051/-(Rupees sixty nine thousand fifty one)only and Rs. 24,357/-(Rupees twenty four thousand three hundred fifty seven)only.

After the maturity of the deposit Complainant and his father approached the Opposite Party to get the maturity amounts but were denied on the ground that a vigilance case is pending against the deposit holder on the father of the Complainant. On the death of the Complainant's father vigilance case ended and Complainant again approached the Opposite Party to get the money with accrued up to date interest but Opposite Party deferred payment and in 2013 Opposite Party said as the deposits were not renewed in time they are not going to pay upto date interest on them. Complainant also requested renewal in time which were denied their on pendency of the vigilance case. Complainant calculated amounts with interest rate @ 9%(nine percent) per annum and prays for payment of money accordingly. Complainant served pleaders notice on Dt.24/03/2014 but no response came back. Hence this case and Complainant seeks suitable compensation from the Opposite Party for holding up his genuine claim and losses incurred on this process and claims Rs.3,62,698/-(Rupees three lakh sixty two thousand six hundred ninety eight)only for the deposited amount with interest calculated @ 9%(nine percent) per annum Rs.50,000/-(Rupees fifty thousand)only as compensation for mental agony and harassment and Rs.10,000/-(Rupees ten thousand)only as litigation expenses.

Complainant relies on the following documents to substantiate their case.

1. Xerox copy of deposit RMD 340176 Dt.21/03/1998.

2. Xerox copy of deposit RMD 340174 Dt.21/03/1998.

3. Xerox copy of deposit RMD 340175 Dt.04/01/1996.

4. Copy of advocate notice Dt.24/03/2014 with payable receipt.

Upon admitted for adjudication Opposite Party noticed duly but did not turned up and finally got set ex-parte on Dt.20/04/2015.

Ex-parte hearing was conducted on Dt.01/07/2015 where in Complainant submitted their cause in great details referring documents filed by him. Upon absence of the Opposite Party and any assured denial to the charges and without any documents from Opposite Party side only submission of Complainant. Petition filed by them and documents attached to the case record are considered to arrive on decision and following points come out for consideration.

1. The certificate copies filed by a Complainant proves the deposits. But the original were not verified to ascertain some points like why the certificate has got Dt.11/11/2002 at the place for date and marked as w.e.f Dt.21/03/1998 separately at the top and maturity date on the left side 21/03/2006. No renewal into recorded and on the back side maturity amount marked as Rs.28,630/-(Rupees twenty eight thousand six hundred thirty)only and request for a renewal of 24(twenty four) months Dt.02/01/2007 is made and another request to renew for 36(thirty six) months by the Complainant is seen Dt.11/12/2007 and a sing Dt.01/08/2009 is done for certificate RMD 340176 in the name of the Complainant.

2. Certificate copy RMD 340174 is in the name of Ganesh Pradhan deceased father of the Complainant for received amount Rs.40,421/-(Rupees forty thousand four hundred twenty one)only w.e.f. Dt.21/03/1998 and maturity on Dt.21/03/2006 and maturity amount as Rs.69,051/-(Rupees sixty nine thousand fifty one)only and a renewal marked for 24(twenty four) months Dt.02/01/2007 and another date is marked Dt.01/08/2009. Why is not ascertainable in absence from Opposite Party side.

3. Certificate RMD 340175 bears name of Ganesh Pradhan dated 11/11/2002 and w.e.f. Dt.04/01/1996 marked at the top and maturity on Dt.04/01/2004, for Rs. 24,357/-(Rupees twenty four thousand three hundred fifty seven)only dates in back side as in RMD 340174.

4. All the three certificates approved interest rate for the deposits marked as @ 6.75% per annum.

5. A letter Dt.18/04/2013 is seen written to the S.P. Vigilance requesting the Original Certificate of the deposits in issue. Points to be noted here that at no point of time Complainant tried to recover the original certificates of deposits at the disposal of S.P Vigilance are file before the Forum for appraisal.

6. Order copy of misc No. 2(two) of 2010 filed before the special judge vigilance, Sambalpur got disposed on Dt.26/12/2013 wherein ordering release of the seized money and certificates by executing bonds and providing photocopies of the items certificates etc. seized and also were asked to keep them for 4(four) months at their disposal.

7. Documents legal heir certificate from Tahasildar, Bargarh filed with the case record shows four legal heirs of the deceased Ganesh Pradhan which includes the Complainant. Further the legal heir certificate is marked and issued only for withdrawal of family pension and EPF. Here point to be considered is case before the Forum is for deficiency of service done to the Complainant and his deceased father and Complainant is eligible to do so as per Consumer Protection Laws.

8. Death certificate copy filed for Ganesh Pradhan envisages the death and date of death.

9. There is no any documents to ascertain whether any appeal is preferred in the vigilance case. TR case No. 7/1997 neither any document about ending of this T.R. Case No. 07/1997 is filed for perusal.

10. Copy of the seizure list Dt.27/12/1993 containing seizures of documents listed as Sl No. 183 to 230 and 2^nd seizure list dated 28/12/1993 Sl. No. 02 to 5 is not filed to ensure the seizure of Original Deposit certificates in the issue here whether happened and Complainant also took no step to envisage the same while conduction of this Complainant. Further the order of the misc case No. 02 of 2010 orders release of all seized items accordingly to one of the legal heirs of the deceased namely Jugal Pradhan the eldest son and under the circumstances if the original certificate were seized they may have been released to the disposal of elder brother of the Complainant and Complainant should have tried to file the originals of the certificates before the Forum procuring them from his brother which raises a question of whether they have been surrendered before the Opposite Party. But on seemed though as the case came much later after the release it can be assured that this have not happened.

11. A must condition for payment of the maturity amount is surrendering of the original certificates of receipts issued. In absence of the Opposite Party this question is unsolved so as to what procedure is followed on when loss of certificates happens and copies are there to prove deposits.

12. But Opposite Party can not deny payment in the name of some prevailing conditions above in para-11 if original certificate were not available with the disposal of the maker and they should have alternative previsions and can not gulp public money. Because record of the deposits also are with them and they can not deny payment but can demand sufficient proof of inheritance to pay the amount, also can request for Bonds in cases if allowed or in practice further Opposite Party's absent made this Forum undecided about what status was assigned to the deposit of the deceased after is death.

13. So as to the contention of the Opposite Party as per complaint about non renewal of the deposite of Ganesh Pradhan after 14/10/2009 upon death of the maker is ok but they have kept the money accrued with them and can not deny any interest upon the money what so ever.

14. Under the circumstances discussed above Opposite Party is liable for deficiency of service not showing sufficient level of co-operation except a letter to the vigilance S.P. and hence complaint is allowed and Forum orders the following.

• O R D E R -

1. Opposite Party is directed to take steps to get the where abouts of the original, if may be from the legal heir if they have them in their disposal or otherwise from the custody of S.P. Vigilance to release the money further Opposite Party will take steps to guide the Complainant about procedure to be obtained in absence of original certificates in case it can not be traced or recovered for any reason for payment of money deposited.

2. Opposite Party is directed to calculate the interest @ 6.75% per annum as per their conditions after the maturity date mentioned in the certificates on the maturity amounts and apply the same rate till the final payment.

3. Opposite Party is directed to pay a sum of Rs.10,000/-(Rupees ten thousand)only for the harassment and mental agony and this includes litigation expenses.

4. The above procedure will be completed within two months of this Order failing which the award amount at para-3(three) above carries interest @10%(ten percent) per annum till final payment and the amount calculated under para-2(two) above will carry interest @8%(eight percent) per annum till final payment after two month onwards till final payment.

5. Opposite Party further directed to collect appropriate acknowledgment from the Complainant for this payment and from other heirs listed in the legal certificates filed for payment of RMD No. 340174 and RMD No.340175 to be prevented from further complication.

Complainant allowed and disposed off accordingly.

Typed to my dictation

and corrected by me.

( Smt. Anjali Behera)

M e m b e r,I/c President

I agree,

(Sri Pradeep Kumar Dash)

M e m b e r