DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 08 of 2021.

 

Sri Jayes Paul

S/O. Late Debendra Chandra Paul,

Of Vill.-Taranagar, Mohanpur,

P.O.-Mohanpur, P.S.-Mohanpur,

Dist.-West Tripura,

Pin-799211 ….................…........................................Complainant.

 

-VERSUS-

 

1. The Executive Director,

UCO Bank Head Office,

8th Floor 10, B.T.M. Sarani,

Kolkata-700001, West Bengal.

 

2. The Branch Manager,

UCO Bank, 

Mohanpur Branch,

P.O.-Mohanpur,

P.S.-Mohanpur,

Dist.-West Tripura.

Pin-799211.......................................................... Opposite parties.

 

        __________PRESENT__________

 

 SRI RUHIDAS  PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  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 Complainant : Sri Debal Saha,

  Sri Kumar Sankar Sarma,

    Advocates. 

For the O.Ps. : Sri Dipankar Sarma,

  Sri Prasenjit Das,

  Advocates.  

                                                                                                                                 

JUDGMENT  DELIVERED  ON: 17/05/2022.

J U D G M E N T

The Complainant Sri Jayes Paul, set the law in motion by presenting the petition U/S 35 of the Consumer Protection Act 2019 complaining deficiency of service by the O.Ps. 

  The complainant's case in brief is that on 28/12/2012 the Complainant opened 2 nos. of fixed deposit account at UCO Bank, Mohanpur Branch i.e. the O.P. No.2 bearing Account No.09200310012444 & 09200310012451, vide Customer ID No.52054919, amounting to Rs.50,000/- each in total Rs.1,00,000/- vide Receipt No.80638969821, 80638969822 respectively. Accordingly on the same day i.e. on 28/12/2012 the O.P. No.2 also issued 2 nos. of fixed deposit certificates vide Certificates No.796454 & 796455 in favour of the Complainant which were matured on 28/06/2020. The Complainant paid Rs.1,00,000/- and having matured the complainant is entitled to get Rs.2,00,006/-. Thereafter, after completion of 90 months the Complainant communicated with the office of the O.P. No.2 and presented both the certificates before the O.P. No.2 and requested to pay the fixed deposit matured amount of Rs.2,00,006/- for the aforesaid 2 nos. of fixed deposit certificate. Then from the office of the O.P. No.2 verbally replied that on verification in the computer of the O.P. No.2 it was reflected “0” balance against the aforesaid 2 nos. of fixed deposit certificate but till today neither the O.P. No.2 pay the matured amount Rs.2,00,006/- for the aforesaid 2 nos. fixed deposit certificate nor made any reply to the Complainant. On several occasions the Complainant went to the office of the O.P. No.2 and requested to pay the deposited matured amount Rs. 2,00,006/- for the aforesaid 2 nos. fixed deposit certificates but in every occasion the O.P. No.2 denied to pay the said amount to the Complainant.  

Being aggrieved and dissatisfied with the services of the O.P. No.2 the complainant filed this complaint praying for compensation of Rs.3,00,006/- on account of value of the matured fixed deposit amount, mental agony hardship suffered, deficiency in service & cost of litigation. 

Hence this case. 

The O.Ps. has contested the case by filing a written statement denying any deficiency of service having been committed by them towards the Complainant. In regard to the written statements made in paragraph 1 to 7 of the complaint it is stated that two new FD's were opened on 28/12/2012 in the name of the petitioner with A/C No.09200310012444 and 09200310012451 for Rs.50,000/- each for 90 months with maturity value of Rs.1,00,003/- each. But due to non receipt of debit voucher for debiting the source Account for funding the FDs remained with zero balance. The fund remained in the source account of the petitioner i.e. his S/B Account 09200100006590. Since no funding was done the FD Accounts were closed on 21/03/2013 with nil value. It is further submitted that CBS system were newly introduced and the system did not give any warning regarding non-funding of the new opened FD's. The FD receipts were given wrongly. On 28/12/2012 the Petitioners Savings account remained a balance of Rs.1,41,982. The petitioner has full knowledge that his savings account was not debited for funding of his fixed deposits but still he is withdrawing amount from his savings account without informing the fact to the bank authority. A copy of the statement of accounts of the petitioner maintained in S/B. Account 09200100006590 is annexed herewith this written objection. That the O.Ps. are not liable for any compensation for the fault caused by the Complainant himself. 

The O.Ps. has thus prayed for dismissal of the Complaint for the interests of justice. 

3. EVIDENCE ADDUCED BY THE PARTIES:

    The complainant examined himself as P.W.1. He submitted his examination in chief by way of affidavit. He has produced 2 documents comprising 4 sheets under a Firisti dated 25/01/2021. The documents on identification have been marked as Exhibit – 1 Series. 

On behalf of the O.Ps. one witness namely Mr. Arun Kumar, S/O. Sri Kameshwar Singh working as Branch Manager, UCO Bank, Mohanpur Branch, Tripura  has been examined. He produced 2 documents comprising 11 sheets under a Firisti dated 23/07/2021. The documents on identification have been marked as Exhibit-A series.  

 

4. POINTS TO BE DETERMINED:

Based on the contentions raised by both the parties in their pleadings and having regard to the evidence adduced by the complainant the following points cropped up for determination:

(I).   Whether there was deficiency of service on the part of the O.Ps.?

(II). Whether the complainant is entitled to get compensation/relief as prayed for?

 

5.   ARGUMENTS OF BOTH SIDES:

        We have heard arguments from both sides. At the time of argument, Learned Counsel of the Complainant submitted that on 28/12/2012 the Complainant opened 2 nos. of fixed deposit account UCO Bank, Mohanpur Branch i.e. the O.P. No.2 bearing Account No.09200310012444 & 09200310012451, vide Customer ID No.52054919, amounting to Rs.50,000/- each in total Rs.1,00,000/- vide Receipt No.80638969821, 80638969822 respectively. Accordingly on the same day i.e. on 28/12/2012 the O.P. No.2 also issued 2 nos. of fixed deposit certificate vide Certificates No.796454 & 796455 in favour of the Complainant which were matured on 28/06/2020. The Complainant paid Rs.1,00,000/- and being matured the complainant is entitled to get Rs.2,00,006/-. Thereafter, on completion of 90 months the Complainant communicated with the office of the O.P. No.2 presented both the certificates before the O.P. No.2 and requested to pay the fixed deposited matured amount of Rs.2,00,006/- for the aforesaid 2 nos. of fixed deposit certificate as it has already been matured. Then from the office of the O.P. No.2 verbally replied that on verification in the computer of the O.P. No.2 it was reflected “0” balance against the aforesaid 2 nos. of fixed deposit certificate but till today neither the O.P. No.2 pay the matured amount Rs.2,00,006/- for the aforesaid 2 nos. fixed deposit certificate nor made any reply to the Complainant. On several occasions the Complainant went to the office of the O.P. No.2 and requested to pay the deposited matured amount Rs. 2,00,006/- for the aforesaid 2 nos. fixed deposit certificate but in every occasion the O.P. No.2 denied to pay the said amount to the Complainant.  

                On the other hand Learned Counsel of the O.Ps. submitted that there is no fault on the part of the O.Ps. as well as there is no deficiency of service and complaint is liable to be dismissed. Learned Counsel of the O.P. submitted that two new FD's were opened on 28/12/2012 in the name of the petitioner with A/C No.09200310012444 and 09200310012451 for Rs.50,000/- each for 90 months with maturity value of Rs.1,00,003/- each. But due to non receipt of debit voucher for debiting the source Account for funding the FDs remained with zero balance. The fund remained in the source account of the petitioner i.e. his S/B Account 09200100006590. Since no funding was done the FD Accounts were closed on 21/03/2013 with nil value. It is further submitted that CBS system were newly introduced and the system did not give any warning regarding non-funding of the new opened FD's. The FD receipts were given wrongly. On 28/12/2012 the Petitioners Savings account remained a balance of Rs.1,41,982. The petitioner has full knowledge that his savings account was not debited for funding of his fixed deposits but still he is withdrawing amount from his savings account without informing the fact to the bank authority. O.Ps. are not liable for any compensation for the fault caused by the Complainant himself.  So, there is no question of deficiency of service on the part of the O.Ps. Learned Counsel of the O.P. Nos.1 & 2 submitted their written argument.           

     Learned Counsel of the O.Ps. further submitted that Complainant has failed to prove any deficiency of service against the O.Ps.  

                                                                                                                                     

6. DECISION AND REASONS FOR DECISION:

Both issues are taken up together for the convenience. 

    We have considered argument and submissions of both sides as well as we have perused the complaint, written reply as well as evidences both oral and documentary. 

                  From the complaint petition as well as evidence adduced by the Complainant we found that there is an admitted fact that O.P. i.e. UCO Bank, Mohanpur Branch issued 2 nos. of fixed deposit certificate dated 28/12/2012 amounting to Rs.50,000/- each and the period of deposit was / is 90 months and the matured value of the fixed deposit is Rs.1,00,003/- each and date of maturity is on 28/06/2020. 

        Complainant, Sri Jayes Paul in his examination-in-chief on affidavit stated that on 28/12/2012 he opened 2 nos. of fixed deposit account at UCO Bank, Mohanpur Branch amounting to Rs.50,000/- each in total of Rs.1,00,000/-. Accordingly the O.P. on the same day issued 2 nos. of fixed deposit certificate and xerox copy of both certificates are marked as Exhibit-I series. At Para-6 of the examination-in-chief the Complainant stated that on 31/07/2020 he approached the O.P. No.2 in writing and requested to pay fixed deposit matured amount of Rs.2,00,006/-. But the O.P. No.2 did not reply the said letter. Then Complainant also gave reminder then also no reply was given by the O.Ps. Complainant further stated that having no alternative he has filed complaint before this Commission for getting the matured fixed deposit amount and also compensation for mental agony and suffering, litigation cost as well as cost of deficiency in service.  

          On the other hand one witness namely Sri Arun Kumar on behalf of the O.P. in his examination-in-chief on affidavit stated that complaint is not maintainable and it is barred by law limitation. He further stated that due to non receipt of debit voucher for funding the fixed deposits remained with '0' balance. From the written reply submitted by the O.P. as well as the evidence we find that the stand of the O.P. is there is '0' balance in the account for non-funding of the fixed deposit and actually without debiting the amount fixed deposit certificate was issued by the staff of the Bank. From the xerox copy of the fixed deposit certificate(Exhibit-I series) we find that both certificates were issued on 28/12/2012 and date of maturity was on 28/06/2020. After the matured date Complainant wrote a letter to the Branch Manager, UCO Bank, Mohanpur Branch for en-cashment of matured FD. Bearing No. 796454 & 796455 under Kubber Yojana Deposit Scheme. It is also found that Complainant also gave reminder on 07/11/2020. But O.P. remained silent and did not make any communication to the Complainant about issuance of fixed deposit certificates which are in question. At this belated stage the O.P. Bank are giving reasons for non-funding of matured  fixed deposit. From the evidence adduced by the Complainant we find that he opened 2 nos. of fixed deposit account on 28/12/2012 at UCO Bank, Mohanpur Branch and vide Account No.09200310012444 & 09200310012451 amounting to Rs.50,000/- each. The original fixed deposit certificate are lying with the Complainant and photocopy of the certificates are Exhibited in comparison with the original.    

 

7.            On over all appreciation of evidence of both sides we found that Bank Authority issued 2 nos of fixed deposit certificates on 28/12/2012 amounting to Rs.50,000/- each for a period of 90 months and that certificates were not cancelled by the Bank Authority till today. Since, Bank Authority issued 2 nos. of fixed deposit certificates amounting to Rs.50,000/- and which has been matured after 90 months and the matured value is Rs.1,00,003/- each, complainant is entitled to get the matured value i.e. Rs.2,00,006/-. We also hold that Complainant is entitled to get Rs. 10,000/- for causing mental agony, pain and sufferings. Complainant is entitled to the cost of litigation of Rs.5,000/-. Complainant is also entitled to get in addition interest @6% P.A.  on the matured amount w.e.f. 28/06/2020 till realization. 

              O.Ps. are jointly and severally liable to pay aforesaid amount within the period of 1 months from the date of this judgment. 

Supply a certified copy of the judgment to both the parties free of cost. 

  Announced.

 

 

 

SRI  RUHIDAS  PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA, AGARTALA

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.