Order No.  17  dt.  13/09/2017

       The case of the complainant in brief is that the complainant deposited a total sum of Rs. 65,000/- for purchase of NSC certificate from Agarpara Sub Post Office. The NSC was matured on 18/06/2013 and the matured sum was Rs. 1,04,972/-. The matured amount was paid by the post office through an A/C payee cheque drawn on Central Bank of India, Brabourne Road branch for clearing through a cheque of State Bank of India, Belgharia branch. The said amount was encashed by State Bank of India but the amount was not credited in the account of complainant due to withholding of the amount by not clearing the cheque by the o.p. 1. On the basis of the said fact the complainant filed this case praying for direction upon the o.p. 1 for disbursement of Rs. 1,04,972/- and compensation of Rs. 90,000/- and litigation cost of Rs. 30,000/-.

            During the pendency of the case since there was no fault on the part of State Bank of India, Belgharia branch, the said bank was released holding that the said bank had no fault on their part.

            The o.p. 1, Central Bank of India filed a w/v stating that there was some wrong placement of the cheque, the cheque amount was not released. Subsequently with the detection of the fault on the part of the bank the amount was released in favour of the complainant with interest as Savings bank rate. During the pendency of this case the complainant received an amount of Rs. 1,04,972/- and refused to take the interest without the court’s order.  

            On the basis of the pleadings of parties it is an admitted fact that the complainant suffered due to fault on the part of the o.p. 1  bank. It is also an admitted fact that the complainant ought to have received the matured amount within a day or two from the date of maturity, i.e. 26/07/2013 but because of the fault on the part of the o.p. 1 the complainant suffered financial loss. Therefore we hold that the complainant must be provided with the savings bank rate of interest prevailed at that time till the amount received by the complainant from o.p. 1 bank. It is also an admitted fact that the complainant suffered mental agony and harassment for which he should be compensated by imposing compensation upon the o.p. 1. Accordingly the case is disposed of in favour of the complainant.  

            Hence, it is ordered,

            that the case no. 569 of 2015 is allowed on contest with cost against o.p. 1 and dismissed against other o.p.s. The o.p. 1 is directed to pay savings bank interest prevailed at that time to the complainant from the date of 26/07/2013 till the date of receiving the amount of Rs. 1,04,972/- and also to pay compensation of Rs. 10,000/-  and litigation cost of Rs. 2,000/- within 30 days from the date of communication of this order, i.d. an interest @10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.