This is a complaint u/s 12 of the C.P. Act, 1986.
The Complainant has stated inter-alia that she has opened a fixed deposit account with the O.P. Bank (The Chairman, Jalpaiguri Co operative Agriculture and Rural Development Bank Ltd) for sum of Rupees 4,41,833/- on 01/09/2017, the maturity date of which was on 01/09/2018 with interest at the rate 6.90% per annum. The maturity amount was Rs.4,72,319/. The account number of FDR is 504594. After the maturity of the FDR the complainant approached the OP bank for transferring the maturity amount to her savings account . At that time the O.P. bank raising a plea that the complainant’s husband since deceased Amiya Dey took loan from the OP bank and died without paying the due amount of Rupees 1,11,000/ with interest. So the O.P. refused to repay the complainant’s FDR amount by transferring the same to the savings account of the complainant. Further case of the complainant is that that she had no knowledge about the loan taken by her husband since deceased , Amiya Dey but after knowing the fact of loan the complainant several times requested the O.P. to show the original paper of loan in which her husband’s name is reflected but the O.P. had failed to show any such document. The version of the complainant is that there is no connection between the loan amount taken by the complainants’ husband and the FDR opened by the complainant and the deduction of loan amount from the complainant’s FDR is illegal, improper and unfair. Complainant Bharati Dey filed the complaint against the O.P under section 12 of Consumer Protection Act ,1986 before this Commission on 28/08/2019 praying for direction to the O.P for transferring the matured FDR amount to the savings account of the complainant and further direction to the O.P to pay the complainant the amount of Rupees 60,000/- (Rupees Sixty thousand only) towards the mental agony and pain suffered by the complainant and Rupees 10,000/- only towards the cost of the present litigation and other reliefs.
The O.P. has contested the case and filed w/v denying all material allegations of the Complainant and has stated inter-alia that the case filed by the Complainant is not maintainable and the Complainant has no cause of action to file this case. The opposite party further submits that it is not only the legal position of cooperative laws that the legal heirs of the deceased person are liable for his debts to the extent of the estate inherited buy them and such debts are recoverable from the legal heirs but also other laws .
We have considered the complaint, the Written Version , Evidence on affidavit and documents filed by both sides and all other materials on record. The points for consideration in this case are as follows :
POINTS FOR CONSIDERATION
- Is the case maintainable in its present form and prayer?
- Whether there is any deficiency in service and unfair trade practice on the part of the O.Ps as alleged ?
- Whether the Complainant is entitled to get any relief as prayed for?
DECISION WITH REASONS
Point No.1.
This point is taken up first for consideration.
This point has not been pressed by the Ld. Advocates appearing for the parties at the time of the Written Version and Evidence on Affidavit and Argument. As such, we do not find any reason to hold that the case is not maintainable in its present form.
This issue is, thus, decided and disposed off in favor of the Complainant and against the O.P.
Point No.2 & 3.
These two points are taken up together for consideration for their brevity and their inter-connection.
Upon hearing the complainant and on perusal of the evidence and all the materials on records filed by the both parties, we find that it is an admitted position that the Complainant is having a Savings Bank Account with the O.P. Bank being Account No.504594. It is also an admitted position that the complainant Bharati Dey opened a fixed deposit on 01/09/2017 and the date of maturity was 01/09/2018. (Annexure No 1).
On dated 03/01/2020, O.P files the facts and figures relating to amount liable to be paid by the O.P. after adjustment of the loan amount payable to the complainant which is as follows.
NAME BHARATI DEY
GUARDIANS NAME AMIYA DEY
ADDRESS SELTARBARI, BINNAGURI, RAJGANJ
DETAILS OF FIXED DEPOSIT
FACE VALUE | INTEREST AS ON 19/12/2019 | MATURITY AMOUNT |
Rs. 4,41,833/ | Rs. 65588/ | 5,07,421/ |
LOAN DETAILS
NAME AMIYA KUMAR DEY
GUARDIAN NAME KHAGENDRA DEY
ADDRESS SELTARBARI, BINNAGURI, RAJGANJ
LOAN AMOUNT- 1,11,000/-
SCHEME PERSONAL
RATE OF INTEREST-18%
DATE OF DISBURSE 30/03/2010
TOTAL REPAYMENT RS.23,000/
DUE AS ON 19/12/2019
PRINCIPAL 1,11,000/
INTEREST RS 1,81,761
TOTAL DUE RS. 2,92,761/
This is the only document submitted by the O.P before this Commission. The document is an account statement signed by the chief executive officer of the O.P Bank.
O.P escaped to file the loan agreement details, details of correspondence between the O.P and the Complainant during 2015 to 2017 (after the death of late Amiya kumar Dey, deceased husband of the complainant before the opening of the fixed deposit by the complainant in O.P Bank on dated 01/09/2017).Complainant served legal notice to the OP on dated 08/03/2019 under speed post. Notice was duly served to the O.P. (Annexure 3 &4) .But O.P has not mentioned the same.
It is found from the documents filed by the O.P that deceased husband of the complainant late Amiya Kumar Dey took “PERSONAL LOAN” from the O.P bank and the interest rate was 18%. A personal loan is a kind of loan that lets us borrow money from banking and non-banking financial organizations. Personal loans come in the category of “UNSECURED LOANS”. Bank does not ask to pledge anything to the bank as security.
The O.P could not show any connection between the loan taken by the complainant’s husband and the FDR of the complainant. The O.P. is at liberty to approach the proper and competent Court of law /Tribunal to recover any amount due from the deceased husband of the Complainant from the estate inherited by the heirs of the deceased. But the O.P. can not unilaterally decide to recover the dues from the personal Fixed Deposit of the complainant . This kind of act of the O.P. is highly arbitrarily and illegal. The O.P. must return the Fixed deposit amount of the complainant immediately with interest from the date of its maturity and also to pay compensation and cost.
Under these facts and circumstances and on consideration of the evidence and the materials on record, we are of the view that the Complainant has been able to prove her case and as such, she is entitled to get the reliefs as prayed for.
These points are thus decided in favour of the Complainant and against O.P.
Hence, it is
Ordered
That the complaint case number CC 30/2019 u/s 12 of the C.P. Act, 1986 is allowed on contest against the O.P Bank.
The O.P. Bank (The Chairman, Jalpaiguri Co-operative Agriculture and Rural Development Bank Ltd) is directed to refund the fixed deposit maturity amount of Rs. 4,72,319 /- to the Complainant with 8% per interest there on from 01.09.2018 till realization of the same . The O.P is also to pay Rupees 50,000/- (Rupees fifty thousand only) towards the mental agony and pain suffered by the Complainant and Rs.10,000/- towards litigation cost to the complainant.
All the aforesaid decretal dues are to be paid by the O.P. to the complainant within a period of two months from the date of judgement failing which the Complainant is at liberty to execute the same through due process of law.
Let a plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action.
The copy of this Final Order/Judgement may also available at www.confonet.nic.in.
