The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Chairman, The IDOL Co-Operative Bank Ltd., Azimabad, Balasore and O.P No.2 is the Branch Manager, The IDOL Co-Operative Bank Ltd., Azimabad, Balasore.
2. Shorn of unnecessary details briefly stated the case of the Petitioner is that the Complainant had opened accounts under O.Ps-Bank and also opened two numbers of Fixed deposit vide F.D No.IFDC-614 for Rs.1.00 Lakh (Rupees One Lakh) only on 08.10.2009, being date of maturity-08.10.2015 with maturity value of Rs.2.00 Lacs (Rupees Two Lacs) only and F.D No.IFDC-1930 for Rs.1.00 Lakh (Rupees One Lakh) only on 31.01.2011, being date of maturity-31.07.2016 with maturity value of Rs.2.00 Lacs (Rupees Two Lacs) only respectively. Thereafter, the Complainant approached the O.Ps for payment of her fixed deposits at maturity, but the O.Ps played hide and seek with her, knowing that she is a Paradanasini lady. Accordingly, the Complainant along with her husband proceeded to the O.Ps-Bank on 22.08.2016 for payment, but the O.Ps flatly denied for payment of Fixed deposit for Rs.4.00 Lacs (Rupees Four Lacs) only and thereby the Complainant filed this case. The Complainant has prayed for payment of Fixed deposit amount along with compensation for mental agony.
3. Written version filled by the O.Ps through their Advocate, where they have denied on the point of maintainability as well as Consumer. They have also submitted that all the averments made in complaint petition by the Complainant are totally false and baseless and created for the purpose of the case and the Complainant is bound to prove the case at the time of hearing, but the Advocate for the O.Ps is absent during hearing of the case. Moreover, they have submitted that the Complainant has filed a Criminal case for the self same cause before the S.D.J.M, Balasore vide I.C.C No.467/12 and the same is subjudiced before the S.D.J.M, Balasore. Since a Criminal case is pending for the selfsame occurrence and cause of action, this proceeding under Consumer Protection Act is not maintainable. Though the O.Ps appeared through their Advocate, but did not participate in hearing.
4. In view of the above averments of both the Parties, the points for determinations of this case are as follows:-
(i) Whether this Consumer case is maintainable as per Law ?
(ii) Whether this Complainant is a Consumer ?
(iii) Whether there is any deficiency of service on the part of the O.Ps ?
(iv) To what relief the Complainant is entitled for ?
5. In order to substantiate her plea, the Complainant has filed certain documents as per list. On the other hand, the O.Ps have not filed any documents in their support though they have filed written version and did not participate in hearing of this case. However, perused the documents filed by the Complainant. It has been argued on behalf of the Complainant that she has deposited Rs.1.00 Lakh (Rupees One Lakh) only each before the O.Ps vide F.D receipts and the maturity value is Rs.2.00 Lacs (Rupees Two Lacs) only each. On perusal of the case record, it is found that IFDC No. of the first one is 614 and IFDC No. of the second one is 1930. In the first one, the principal amount is Rs.1.00 Lakh (Rupees One Lakh) only with rate of interest 12.5% vide Account No.164/09, date of opening is 08.10.2009, maturity value is Rs.2.00 Lacs (Rupees Two Lacs) only, maturity due date is 08.10.2015 and the period is for 6 years. For the second one, the principal amount is Rs.1.00 Lakh (Rupees One Lakh) only with rate of interest 13.40% vide Account No.280 (80/02), date of opening is 31.01.2011, maturity value is Rs.2.00 Lacs (Rupees Two Lacs) only, maturity due date is 31.07.2016 and the period is for 5.5 years. But, after maturity of the two Policies, the O.Ps did not return the maturity amount of Rs.2.00 Lacs (Rupees Two Lacs) only each in total Rs.4.00 Lacs (Rupees Four Lacs) only, which amounts to deficiency of service on the part of the O.Ps. So, the Complainant has filed this case in the Forum praying for payment of Fixed deposit amount of Rs.4.00 Lacs (Rupees Four Lacs) only along with compensation. Though O.Ps have taken a plea in their written version, did not elaborate in hearing as neither O.Ps nor their Advocates remained present at the time of hearing of this case. The plea of the O.Ps is that a Criminal case is pending before the S.D.J.M, Balasore vide I.C.C No.467/12 for the self same ground and when it is subjudiced before the S.D.J.M, Balasore, this case is not maintainable in this Forum. But, no material particular has been filed by the O.Ps in this regard to know the details of the pending Criminal case and for want of this documents, it cannot be decided that this case is not maintainable in this Forum. So, it clearly amounts to deficiency of service on the part of the O.Ps for non-fulfilment of their promise regarding payment of fixed deposit amount. Not only it is the deficiency of service, but also it is to harass the Complainant when it is a financial matter.
6. So, now on careful consideration of all the materials available in the case record, this Forum come to the conclusion that the O.Ps are jointly or severally liable for payment of the maturity amount of Rs.2.00 Lacs (Rupees Two Lacs) only each for 2 fixed deposits of the Complainant in total Rs.4.00 Lacs (Rupees Four Lacs) only with interest @ 14% per annum along with compensation of Rs.5,000/- (Rupees Five Thousand) only and litigation cost of Rs.1,000/- (Rupees One Thousand) only to the Complainant within 60 days of receipt of this order and failure to comply the same will carry interest @ 9% per annum, which will meet the ends of justice in this case. Hence, Ordered:-
O R D E R
The Consumer case is allowed on contest against the O.Ps with cost. The O.Ps are jointly or severally liable to pay the maturity amount of Rs.2.00 Lacs (Rupees Two Lacs) only each for 2 fixed deposits of the Complainant in total Rs.4.00 Lacs (Rupees Four Lacs) only with interest @ 14% per annum along with compensation of Rs.5,000/- (Rupees Five Thousand) only and litigation cost of Rs.1,000/- (Rupees One Thousand) only to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum from the date of order till realization. The Complainant is also at liberty to realize the same from the O.Ps as per Law, in case of failure by the O.Ps to comply the Order.
Pronounced in the open Forum on this day i.e. the 5th day of September, 2017 given under my Signature & Seal of the Forum.
