Ld Advocate for the complainant is present. Judgement is pronounced in open Commission in 4 pages, 2 seperate sheets of paper. 

BY – SRI. SAURAV CHANDRA, MEMBER

1. Brief facts of the Complainant’s case are that the Opposite Party is a Co-Operative Bank with whom the Complainant invested Rs.72,000.00 by depositing 120 recurring @ Rs.600.00 per month w.e.f 11.08.2008.

2. Accordingly the Op had issued Recurring Deposit Pass Book A/c No. 301141 against RD No.604030084925 having  Maturity value of Rs.1,49,000.00 on 11.08.2018.

3. After maturity of the said Recurring Deposit, the Complainant surrendered all necessary documents including the Pass Book for claiming the maturity value with interest Rs.1,49,000.00 from the Op but, till date she has not received any payment. On pursue she came to know after few days, the Op without taking any consent of her or intimating her anything, deleted the Rate of Interest portion and Maturity Value Amount in the Pass Book by using chemical or stationery and thereafter, pen through and wrote the new Rate of Interest @8.75% and new Maturity Value Rs.1,41,906.00 respectively.

4. Then the Complainant lodged a written complaint before the Op on 28.08.2018 against which the Op again intentionally and deliberately reduced the Maturity Value to Rs.1,14,906.00 from Rs.1,41,906.00 i.e. Rs.27,000.00 in less vide Letter under Memo No.95/2018-19, dated: 31.08.2018.

5. Thereafter, by disagree of the letter of the Op, the Petitioner vehemently objected the same and subsequently several times met with the Op and the Op orally assured, she would disburse the total maturity amount along with interest but all are in vain.

6. The Complainant alleged that the Op has intentionally delayed for long time and no processing has been made for the claimed amount send by the Petitioner.

7. Thereafter, the Petitioner moved for Mediation vide Complaint No. 87/PBM/18, dated: 08.11.2018 before the Assistant Director, Consumer Affairs & Fair Business Practice (Govt. of West Bengal), Purba Medinipur R.O and as per the Report of the dated: 13.02.2019, the Op transferred the calculated Maturity Value of Rs.1,25,655.00 including Interest @8.75% per annum up to the period 22.08.2019 to the Savings A/c No.604030065469.

8. The Petitioner being unsatisfied with the Mediation Report dated: 13.02.2019, preferred to file the case before this Commission.

9. The cause of action of this case arose on and from 31.08.2018.

The Complainant, therefore, prays for directing the op :-

1. To pay the Recurring Deposit Maturity Claim of Rs.1,49,000.00 by OP.

2. To pay the Interest from the date of maturity to final payment.

3. To pay Compensation of Rs.25,000.00 towards harassment,   mental pain          and agony.

4. To pay Litigation Cost of Rs.5,000.00 to the Complainant for conducting the case.

5. Any other reliefs.

10. Notices were duly served upon the Op. The Op has filed Written Version along with a List of Documents dated: 21.12.2020 but, thereafter neither any step has been taken nor appeared before this Commission to represent the case in spite of several opportunities has given. Therefore, the Op is preferred to see that the case be decided ex-parte against it.

11. Under the above circumstances, the Complainant has prayed for ex-parte order against the Op.

12. Points for determination are:

1. Is the case maintainable in its present form and in law?                
2. Is the Complainant entitled to the relief(s) as sought for?

13. Decision with reasons

1. Both the points I and II, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.

2. We have carefully perused the Petition of the Complainant along with all papers and other documents.

3. Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that Complainant is a consumer having grievances against the Op, as such the case is maintainable in its present form and in law.

4. In the instant case, the Complainant submitted a list of documents containing the copy of Recurring Deposit Pass Book issued by the Op; Letter of the Petitioner to the Op dated: 28.08.2018, Reply Letter of the Op vide Memo No.95/2018-19, dated: 31.08.2018 and Mediation Report dated:13.02.2019.

5. From the above submitted documents, it is carefully observed that the Op is not only an offender for non-payment of Recurring Deposit Maturity Value in full after the maturity but also unethically tampered the Pass Book by using chemical or stationery and thereafter, pen through and wrote the new Rate of Interest @8.75% and new Maturity Value Rs.1,41,906.00 respectively. Thereafter, again vide a Letter under Memo No.95 of 2018-19, dated: 31.08.2018 the Op reduced the Recurring Deposit Maturity Value to Rs.1,14,906.00.

6. If there was any inadvertent clerical mistake or calculation error or any kind of issue on the part of the Op, that should be notified in a proper way to the Petitioner within a reasonable time/very short period of opening the Recurring Deposit Account and obviously not at the time of surrender of Pass Book i.e. after maturity of the said Recurring Deposit and also by tampering the Pass Book with Chemical. The Op without taking consent of the Petitioner or without giving it to her knowledge done this unethical practice. Moreover, the Op did not issue any suo-motu rectification notice to the Petitioner from the date of opening of the Recurring Deposit Account to till maturity but, only at the time of receiving the Maturity Claim and also after receiving the complaint letter from the Petitioner, twice changed the Maturity Value and Rate of Interest, which is not acceptable at all. Had the Op brought the said issue or mistake or error to the knowledge of the Petitioner within a very short period/reasonable time from the date of opening of Recurring Deposit Account, the Petitioner might  have an option to opt out from the said Recurring Deposit Account on the ground of promised Maturity Value would not be receivable after maturity. But, in the instant case there no such option is available after the maturity. As the Op could not discover the mistake within the reasonable time, the Petitioner also did not get any opportunity to opt out.

7. Therefore, it  clearly transpires, that there are not only elements of negligence, unfair trade practice and gross deficiency in service but also forced the Complainant to suffer a severe economic loss, harassment, mental pain and agony by the whimsical and illegal act of the OP.

8. In view of the above unchallenged evidence adduced by the complainant, it is clearly established that the Complainant is a Consumer under the Consumer Protection Act, 2019 (An Act to promote, protect and enforce the Rights of the Consumers) and there is deficiency of service and unfair trade practice on the part of the Opposite Parties according to the Consumer Protection Act, 2019.

1. Accordingly, both the points are decided in favour of the Complainant.

10. Thus, the complaint case succeeds.

Hence, it is

                                                          O R D E R E D

That the CC-39 of 2020 be and the same is allowed ex-parte against the Op.

The OP is hereby directed to pay the full Recurring Deposit Maturity Claim of the Complainant amounting to Rs.1,49,000.00 along with simple interest @ 8.75 % per annum for necessary settlement on the said amount from the date of this order to till payment, less already paid Rs.1,25,655.00; in addition to that the op is further directed to pay Rs.10,000.00 as compensation and Rs.3,000.00 towards litigation costs. The op will comply the above direction within 45 days from the date of this order in default the complainant will be at liberty to put the order into execution.

Let a copy of this judgment be provided to the Complainant free of costs. The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.

File be consigned to record section along with a copy of this   judgment.