PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 14/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Suresh Kumar Dash

R3/E-10, JM Colony,

Ainthapali, Budharaja

Dist- Sambalpur-768004

M. No- 9853350927l,                                                                          ......Complainant.

Vrs.

The Sambalpur Dist. Co.Op.C.T. Branch,

Pattanaik Para PO-Mohantypara, Sambalpur Town,

Ps-Town, Dist-Sambalpur-768003.                       .……………........Opp. Party

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :- Sri. S.Mahapatra

Date of Filing:10.01.2024,  Date of Hearing :06.08.2024,  Date of Judgement :03.09.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that mother of the Complainant had some fixed deposit account and saving Account in O.P. Bank. Puspalata Dash, mother of the Complainant dies on 06.11.2023. The Complainant intended to withdraw the money from S.B. A/C No. 12872 but the O.P. had lost the specimen signatures and harassed the Complainant. Being aggrieved complaint has been filed.
2. The O.P. submitted that S.D.C.C. Bank Ltd., Bargarh is a co-operative Society under the Orissa Co-Op. society Act, 1962 and the city Branch is under the Bank. The Bank has not been made party. The Complainant is the nominee of Puspalata Dash. Roof of the Branch damaged on 30.07.2023  for which there was dislocation of documents/ files. When branch was set right complainant was called to receive the amount complainant had given application on 26.02.2024, O.P. made payment of 13 No.s of F.D. on 27.02.2024. There is no any hurdle to disburse the amount subject to submission of death certificate.
3. Perused the documents filed by the Complainant. Puspalata Dash is having S.B. A/C No. 12872 who died on 06.11.2023. The O.P. submitted account opening form in A/C No. 2872/116/16 wherein the Complainant is the nominee. From A/C No. 002053011869 it reveals that on 27.02.2024 fixed deposit matured value has been deposited and balance on 27.02.2024 is Rs. 22,47,910.14p. On 26.02.2024 the Complainant applied for disbursement of the fixed deposit of Puspalata Dash, filed affidavit dated 24.02.2024. The O.P. submitted the Odisha bytes wherein it is published that bank roof collapsed due to heavy rain.
4. The O.P. Bank Sambalpur Dist. Co.Op. Bank ltd Bargarh is a co.op. society under the Orissa Co. Op. Societies Act, 1962 and City Branch is amongst several branches. Under the O.C.S. Act, 1962 the Chief Executive Officer is the proper party and O.P. categorically submitted that C.E.O. has not been made party.

On 26.02.2024 application was made by Complainant and the matured value has been deposited on 27.02.2024 in the account of Complainant. When the amount has been deposited in the account of complainant there is no any legal impediment for non-disbursement. The Bank work was dislocated due to damage of the roof in heavy rain and non-payment made if any is due to such dislocation of the Branch Bank which is not any deficiency in service of the O.P.

The Complainant has not made party to C.E.O. of the Bank, who is a necessary party. Accordingly complaint has not merit and dismissed.

Taking into consideration the circumstances of the case the complainant is at liberty to withdraw the amount from the Branch Bank and in-case of any application the O.P. is directed to disburse the amount immediately. With this observation the case is closed.

Order pronounced in the open Court today on 3^rd day of Sept., 2024.

            Free copies of this order be supplied to the parties.