Order No. 20 Dt. 18-09-2018
The petitioner is a retired Assistant teacher of Araidanga D.D.M. Academy, he retired on 31-12-2016. During his service he opened a savings account being number 201 and invested in fixed deposit certificate being No. 5814 with opposite party Paranpur Araidanga farmer Co-operative service society Ltd ( Mini Bank).
That the (Mini Bank) worked very well and many people of the locality kept their money with the opposite party. But presently the business of the OPs business is not running properly due to their internal problem.
The complainant visited the society several times to withdraw money after his retirement from the savings account. But, he was not given any money. The complainant received small amount but it was not sufficient to serve his purpose. At present being a retired person the complainant wish to close the savings account and withdraw the amount from the fixed deposit, but the OPs did not respond to the verbal request of the complainant.
Finally the complainant sent a letter by speed post addressed to the Manager on 30-01-2017, but no reply had been received by the complainant. Hence for harassment the complainant has filed the instant case.
The opposite party entered appearance and filed a petition under sub-section 4 of Section 102 of West Bengal Cooperative Society Ltd. Act 2006 and stated that “Any civil Court or any Consumer Dispute Redressal Forum shall not have any jurisdiction to try any dispute as mentioned in sub- section 1 of Section 102". The said petition was disposed of and rejected on 01-08-2017 by order No. 8 and directed the opposite party to file written version. Thereafter, the opposite party failed and neglected to file written version hence, the case was fixed and heard ex- parte against the OPs.
Points of discussion
- Is the complainant entitled to the relief as prayed for?
- Is there any deficiency of service on the part of the opposite parties?
Discussion with reasons
Both the points are taken up together for convenience.
It is admitted fact that complainant opened a savings account being No.201 marked exibit 1, with the opposite party. It is also fact that a sum of Rs. 1,71,813/- is deposited in savings account and Rs. 65 ,303/- lying in the fixed deposit account marked exibit 2, with the OPs and it is undisputed that the OPs failed and neglected to hand over the deposited money to the complainant. The complainant for his convenience deposited his hard earned money but the OPs failed to give proper service to the complainant. Therefore, there is no iota of doubt that the OPs failed to discharge their duty towards the complainant in providing service as entitled by the complainant. The complainant has legitimate cause to come before this forum for relief against the opposite parties. The opposite parties have harassed the complainant by not returning the money to which the complainant has genuine claim.
We have gone through all the documents filed by the complainant in record and also copy of the letters addressed to The Manager, Paranpur Araidanga Farmer’s Co-Operative Service Society Ltd and also letter addressed to Assistant Register of Co-operative Societies, marked exhibits 4 and 5 respectively. But none extended any help to resolve the problem of the complainant. We find the complainants case is proved by sufficient documents.
We are, therefore of the considered view that the complainant is entitled to a sum of Rs.2,37,116/- together with compensation from the opposite parties.
Hence, it is ordered
That the Opposite Parties are jointly and severally liable to pay to the complainant a sum of Rs. 2,37,116/- along with interest together with compensation for a sum of Rs. 50,000/- for mental agony and harassment . The total sum of Rs. 2,87,116/- shall be payable by the opposite parties 1,2 and 3 within 45 days from passing of this Order, to the complainant failing which the opposite parties shall be liable to pay fine at the @ Rs.100/- per diem from the 46th day till realization. The complainant shall be a liberty to put this order in execution in accordance with law.
