IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
Case no. CC/125/2016
Date of filing: 24-08-2016 Date of disposal: 14-09-2017
Complainant - Smt. Kousalla Bhakat, W/O Late Durga Prasad Bhakat,
Beldanga Bazarpara, PO + PS – Beldanga, District – Murshidabad,
Pin Code – 742133, West Bengal.
VS.
- The Manager, United Bank of India, Beldanga Branch,
PO + PS - Beldanga , District – Murshidabad, Pin Code – 742133, West Bengal.
Present : Sri Anupam Bhattacharyya, - President
Smt. Chandrima Chakraborty - Member
Sri Manas Kumar Mukherjee – Member
FINAL ORDER
Sri Manas Kumar Mukherjee, Presiding Member.
This case has been filed by the complainant U/S 12 of C P Act’1986, praying for payment of an amount of Rs. 6,599/- alongwith interest, by United Bank of India, Beldanga Branch, towards the amount, lying at the credit of Late Durga Prasad Bhakat, husband of the complainant, at the time of his death.
The case of the complainant, in brief, is that, Late Durga Prasad Bhakat, husband of the complainant, expired on 13-02-2008. At the time of his death, an amount of Rs. 6,599/- was lying at his credit in his savings bank a/c, bearing no. 23434, maintained with United Bank of India, Beldanga Branch.
The complainant alleged that after the death of his husband, she had made several representation, to the OP, for paying the amount, lying at the credit of the account of her deceased husband, but in vain.
Hence the complaint has been lodged before this Forum.
The OP denied and disputed the allegations, made by the complainant, through its WV dated 04-01-2017 and according to the OP, the case is not maintainable and barred by limitation. The statements, made in the complaint, have been denied.
Further, the OP, has submitted documents, to the Forum, that before the death of Late Bhakat, he withdrew an amount of Rs. 6000/- on 03-11-2006, through one bearer, Sri Santosh Bhakat, by putting his signature in the ‘Withdrawal slip’. The documents, submitted by the OP, proves the withdrawal of the amount.
Point to be considered
- Whether the complainant is entitled to get relief, as prayed for.
Decisions with reasons
To prove the case, the complainant as well as the OP, have submitted relevant documents. It has been observed that the complainant, failed neglected to initiate any steps, inspite of repeated reminders, in the later part of the case, though she was provided with sufficient time by the Court, for the ends of justice.
It is observed, that the husband of the complainant, withdrew an amount of Rs. 6000/-, through one bearer and the balance lying at his credit, is Rs. 599/- only.
Hence, ordered that the Consumer Complaint no. 125/2016, is hereby allowed in part, instructing the OP to return an amount of Rs. 599/-, alongwith banking rate of interest, payable till the date of payment, within 30 days, from the date of receipt of this order, in default, the OP, will have to pay a fine of Rs. 50/- per day’s delay and the amount, so accumulated, shall be deposited in the Consumer Legal Aid account.
Let a copy of this order be made available and be supplied free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and necessary action.
