DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

 

CASE   NO:   CC- 17 of  2021

 

 

Sri Papan Kumar Saha,

S/O- Sri Chandan Saha,

24/1 M/C Garden Road,

Dumdum, P.S. Dumdum, 

P.O.- Gughudanga,

Kolkata- 700030.

 

Permanent Address:

Town Pratapgarh,

New Gangail Road, Agartala,

P.S. East Agartala, P.O. Agartala,

District- Tripura West. ...........Complainant.

 

 

-VERSUS-

 

 

1. The Branch Manager,

 

2. The Chairman,

 

3. Baban Saha,

 

 

 

 

 

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

For  the  O.P. 

No.1 & 2       : Sri Amritlal Saha,

 

 

 

F I N A L    O R D E R

1. This case is filed U/S 35 of the Consumer Protection Act, 2019 by Sri Papan Kumar Saha, here-in-after called the “complainant” against the The Branch Manager, State Bank of India, Melarmath, here-in-after called “the O.P. No.1” and The Chairman, State Bank of India, Mumbai, here-in-after called “the O.P. No.2” & Baban Saha of Udaipur, Gomati District, here-in-after called “the O.P. No.3”. 

1.1 The case of the complainant in short is that the mother of the complainant Smt. Shila Rani Saha obtained a fixed deposit certificate in the name of her son, Sri Papan Kumar Saha bearing account no- 10915411497 at SBI, Agartala Branch against principal amount of Rs.46,261/- on 26.06.2002 with maturity value of Rs.68,747/- on 26.06.2007. Thereafter by renewing the said F.D. up to 26.06.2017 for a matured value of Rs.1,59,417/-. That the mother of the complainant deposited the amount in the account no-10915411497 in the name Mrs. Shila Rani Saha, Mother & Natural Guardian of Papan Saha payable to Sri Papan Saha on attaining the age of majority.

1.2 In the fixed Deposit Certificate due to error the name was firstly written as “Baban Saha”  and was corrected by the bank as “Papan Saha”.

1.3 On approaching to the SBI, Agartala Branch by the father of the complainant it was verbally intimated  that the said F.S. was transferred to Udaipur Branch and the maturity amount of Rs.1,51,769/- was disbursed on 29.06.2017 to one Sri Baban Saha who is not known to the complainant nor his mother or father. 

1.4 The father of the complainant was shocked that the amount of maturity was transferred to one Baban Saha of Udaipur bearing account no- 20141588637.

1.5 That father of the complainant demanded explanation that how the amount of F.D. was transferred to Udaipur Branch without the depositor's written advice. But the Dealing Assistant of the O.P. Bank failed to communicate any reasonable and justified information.

1.6 The  father of the complainant then intimated the matter to the Assistant Manager, SBI Branch, Agartala. But the O.P. Bank did not produce any substantial document justifying cogent reason for such unapproved and unauthorized transfer of the said F.D. 

1.7 Letter was submitted to the Assistant Manager, SBI, Agartala on 19.09.2019 for addressing the grievance and to arrange immediate payment of the maturity amount of the F.D. Letter was issued  to the Chairman, SBI regarding fraudulent practice adopted by SBI, Agartala Branch in connivance with SBI, Uaipur Branch, Tripura.

1.8 Several letters were issued to the O.P. Bank but to no good. 

1.9 The O.P. Bank vide their letter dated 10.05.2019 & 15.07.2019 communicated that the complaint is closed as there is no banking lapses. 

1.10 It is stated that the complainant is the Consumer and the O.Ps are the service providers. The O.Ps not only failed to render proper service but also committed breach of trust and criminal offence.

1.11 Hence, this complaint is filed before this Commission praying for giving direction to the O.Ps to pay the matured amount along with compensation and litigation cost.

 

2. In written objection the O.P. Bank pleaded that Baban Saha is not added as party who received the matured value to the F.D. and the case is not maintainable. It is further pleaded that initially the F.D. was issued in the name of Papan Saha on request the name was corrected as Baban Saha and the Bank also disbursed the amount to Baban Saha. Shila Rani Saha, mother of Baban Saha died on 12.08.1998 and Suniti Bala Banik filed a case for Guardianship Certificate seeking custody of Baban Saha and Purnima Saha and this petition was allowed. On 18.10.2003, said Suniti Bala Banik filed application to AGM, SBI with a copy of the judgment of guardianship case. After that another Shila Rani Saha made compliant to the Chairman, SBI Mumbai on 14.11.2018 alleging fraudulent transaction of the F.D. to SBI, Udaipur. On 08.02.2008 after death of Shila Rani Saha, Smt. Suniti Bala Banik, mother of  Shila Rani Saha filed G.D. Entry in R.K. Pur P.S. regarding loss of the F.D Certificate. 

 

3. Both the parties submitted evidence with documents.

 

4. This Commission vide order dated 27.12.2023 examined Baban Saha in person who submitted that originally he was resident of Bagma, Udaipur but at the time death of his father, Badal Saha, his mother used to stay at Agartala. Hence, one  Motor Accident case seeking compensation was filed at Agartala and Baban being minor at that time, the share was kept in Fixed Deposit by the order of the Tribunal. Thereafter, his F.D. was transferred to Udaipur. According to him Papan Saha was perhaps is landowner at Agartala.

 

4.1 This Commission on 27.12.2023 directed Papan Saha to appear before the Commission and accordingly on 22.01.2024, Papan Saha, S/O- Shila Rani Saha and Chandan Saha appeared and this Commission on that day directed Shila Rani and Chandan Saha to appear in person on 11.03.2024. On that day, Shila Rani Saha was examined as witness who stated that her husband Chandan Saha is business man and she is a housewife. The name of her 2 sons are Papan Kumar Saha and Debabrata Saha. Shila Rani Saha is not known to her. In the year, 2018 she went to the Bank with her husband to withdraw the matured amount but the bank authority informed that the amount was disbursed in favour of Baban Saha. Her son Papan Saha was born in the year, 1982. 

 

5. Hearing argument and on the basis of documents available the following points are taken up for discussion and decision:-

 

 

Decision and Reasons:-

6. Both the points are taken up together for discussion and decision.

6.1 Baban Saha has submitted a chain of evidence i.e., the award of MACT, Agartala in case no- TS MAC 36/93 showing his share with a direction to keep Fixed Deposit in his name and this was due to the Motor Accident death of his father, Badal Saha. 

6.2 On the other hand, the present petitioner, Papan Kumar Saha has adduced evidence of his mother that she kept fixed deposit with the bank and it was re-fixed on 26.06.2017. If the year of birth of Papan Saha is 1982 then on 26.06.2002, Papan Saha was around 20 years old and was not a minor. As such there was no reason for Shila Rani Saha, the Commission's Witness No.1, being mother of Papan Saha to re-fix the amount in the name of Papan Saha on 26.06.2002. Further the original certificate was lost. 

6.3 Baban Saha in whose favour the F.D. was disbursed has depicted a chain of evidence that due to death of his father while he was minor this amount was awarded by the MACT and at that time his family used to stay at Agartala in a rented house and after that his family returned back to Udaipur. So, that is good reason for transfer  of the F.D. from Agartala to Udaipur. 

6.4 On the contrary Shila Rani Saha, the mother of the present petitioner has not adduced any evidence  that being a house wife how she accumulated that amount and kept in Fixed Deposit in the name of her son, Papan Saha. As such preponderance of probability is against the present petitioner.

 

6.5 As such we find no reason to interfere with the decision of the O.P. Bank as the O.P. Bank disbursed the amount in favour of Baban Saha. 

 

7. Both the points are decided accordingly.

 

The case stands dismissed, however, without cost.

 

 

 

 

9. Supply copy of this Final Order to all the parties free of cost.      

 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.