DATE OF FILING : 04/12/2014
DATE OF S/R : 13/01/2015
DATE OF FINAL ORDER : 01/10/2015
Sk. Ali Akbar,
son of Md Okil
of 12 P.M. Basti 4th Bye Lane, P.S. Shibpur,
District Howrah,
PIN 711102.……………………………………………………….. COMPLAINANT.
1. UCO Bank
having its head office
at 10, B.T. M. Sarani,
Kolkata 1.
2. Managing Director,
UCO Bank,
10, B.T. M. Sarani,
Kolkata 1.
3. Chief Manager,
UCO Bank,
Howrah Maidan Branch,
552, G.T. Road ( South ),
Howrah 711101. ……………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Sk. Ali Akbar, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to pay a sum of Rs. 2,00,000/- as accrued interest from 1.6.1997 to 27.11.2013 and compensation for harassment and mental agony along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainant maintains one savings account with the o.p. having no. 9444. Suddenly on 11.6.1997, he found an amount of Rs. 25,000/- was missing from the said savings account. He immediately informed o.ps. by way of lodging a complaint with o.p. no. 3. Thereafter on 12.6.2006 he went to the bank for withdrawing an amount of Rs. 30,000/- but he was refused to do the same by the o.p. on the ground that the card containing his specimen signature was not available so he could not operate his said account for a long time. Ultimately after much legal battles, as per the direction given by Hon’ble High Court on 21.8.2012 Calcutta in W.P. No. 21751 ( W ), o.ps. refunded Rs. 25,000/- to the complainant’s account on 27.11.2013 and made the saving account of the complainant operable. But complainant could not get the legitimate accrued interest on the said amount since 1997 to 27.11.2013, thereby complainant incurred a real financial loss not to speak of his mental agony and physical harassmen. So, claiming compensation along with accrued interest, complainant sent a lawyer’s notice to the o.p. on 31.5.2014. But o.ps. remained silent. Being frustrated and finding no alternative, complainant filed this instant petition with the aforesaid prayers.
3.Notice was served upon O.Ps. O.Ps. appeared and filed W/V. Accordingly the case was heard on contest.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. We have carefully gone through the W/V and noted its contents. It is the specific plea taken by O.Ps. that as per High Court’s Calcutta order dated 21.8.2012, complainant got the missing amount of Rs. 25,000/- on 27.11.2013. And complainant filed many other cases including the criminal case. The details of the cases are given in para no. 15 of their written version.So,the present case is barred by estopple and waiver. O.ps. might have forgotten the provisions of Section 3 of C.P. Act. But we all know that the o.ps,. being bank, are the custodian of depositors’ hard earned money. How suddenly an amount can be missed like this ? The o.ps. should have been more careful towards their customers. Moreover, they restrained the complainant to operate his account for no fault on his part. People keep the extra money in the bank account so that they may use it at their need. Complainant required certain amount of Rs. 30,000/- for his son’s marriage and went to bank to withdraw the same on 12.6.2006 and he was refused by o.ps. Then what kind of service, o.ps. rendered to the complainant ? Actually o.ps. rendered no service rather created problem for the complainant which is nothing but gross deficiency on the part of the o.ps., for which complainant had to suffer a lot since 1997 till 27.11.2013. O.P. also did not give any interest on the amount of Rs. 25,000/- which was found to be missing on and from 11.06.1997. Accordingly, we are of the candid opinion that it is a fit case where the prayers of the complainant should be allowed.
Accordingly, the case succeeds.
Hence,
O R D E R E D
That the C. C. Case No. 624 of 2014 ( HDF 624 of 2014 ) be allowed on contest with costs against the O.Ps.
That the O.Ps. are jointly and severally directed to pay the then prevailing simple rate of interest on the amount of Rs. 25,000/- since 11.6.1997 to 27.11.2013 to the complainant within one month from the date of this order.
That the o.ps. are further directed to pay Rs. 5,000/- as compensation and Rs. 2,000/- as litigation costs within one month from thedate of this order i.d., the entire amount of Rs. 7,000/- shall carry an interest @ 9% p.a.till realization.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha )
Member, C.D.R.F., Howrah.
