DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 92 of  2023

 

Sri Bhabatosh Banik,

S/O- Late Bhubaneswar Banik,

Thakur Palli Road, Opposite Sat Sangha Ashram,

Krishnanagar, Agartala, 

West Tripura, Pin- 799001. .......Complainant.

 

-VERSUS-

 

1. UCO Bank(To be represented by

 

2. The Assistant General Manager,

 

3. The Branch Manager,

 

   ________PRESENT_________

 SRI GOUTAM DEBNATH

PRESIDENT,

  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 O.P. No.1       : Sri Pulak Saha,

 

 

 

F I N A L    O R D E R

1. This complaint is filed by Sri Bhabatosh Banik here-in-after called the “complainant” against (1)The UCO Bank, (To be represented by the Assistant General Manager), Kaman Chowmuhani, Agartala, here-in-after called “the O.P. No.1”, (2)The Assistant General Manager, UCO Bank, Kaman Chowmuhani, Agartala, here-in-after called “the O.P. No.2” and (3)The Branch Manager, UCO Bank, TRTC Branch, Agartala here-in-after called “the O.P. No.3” alleging deficiency in service on the part of the O.Ps. 

 

1.1 The fact in short is that Bhubaneswar Banik and Pratibha Banik, since deceased, the parents of Bhabatosh Banik who is the complainant here, during their life time Bhubaneswar Banik and Pratibha Banik kept 7 Fixed Deposit Certificates with the O.P. Bank. Date of maturity was from 2002 to 2005 of all the Fixed Deposits Certificates.

1.2 After the death of Bhubaneswar Banik and Pratibha Banik due to different reasons the complainant could not contact the bank and ultimately contacted the bank only in the year 2017 and received the matured amount as per the date of maturity of all the 7 certificates. But after the date of maturity as per RBI guidelines the O.Ps are bound to pay interest till the date of actual disbursement.

1.3 Hence, this complaint alleging deficiency in service on the part of the O.Ps with a direction to the O.Ps to pay interest @ 9% P.A. from the date of maturity against all the 7 certificates till the date of actual payment.

1.4 The complainant submitted evidence on affidavit and submitted copy of legal Notice served on 07.06.2022. 

2. The O.Ps contested the case by filing written objection  mainly on the ground that the case is barred by law of limitation and that as per Section 9(b) of the Master Direction Reserve Bank of India, 2016 there is no such guideline to pay interest on any unclaimed amount.

2.1 O.Ps also submitted evidence on affidavit.

 

3. Hearing argument the only point taken up for discussion and decision is:-

 

4. As per Section 69 of the Consumer Protection Act, 2019 a case is not supposed to be admitted unless it is filed with in 2 years from the date of cause of action. However, under Sub-section- 2 of Section- 69 there is scope of condonation of delay if the Commission is satisfied that the complainant had sufficient cause for not filing the complaint within such period and the Commission has to record its reasons for condoning the delay.

4.1 Admittedly, in the case at hand, the cause of action had arisen in the year, 2017. The complainant has annexed a copy of his medical prescription dated 14.11.2023 that he suffered from skin disease. So, from 2017 to 2023 more than 2 years had  elapsed. Further, it is settled law that by serving any letter, Legal Notice a period of limitation does not automatically gets extended unless the other side admits the claim of the complainant.

4.2 In the case at hand, even the complainant has not filed any petition for condonation of delay showing any reason whatsoever. Further the medical prescription and the Legal Notice by no way explains the reason of such huge delay for filing the case. Therefore, this Commission has no jurisdiction to entertain the complaint. 

5. The Point is decided accordingly.

6. In the result, the case stands dismissed on the ground of limitation as discussed above.

7. Supply copy of the Final order free of cost to the parties.    

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.