West Bengal

South 24 Parganas

CC/239/2015

Dilip Narayan Saha. - Complainant(s)

Versus

United Bank of India. Kasba Branch. - Opp.Party(s)

09 Mar 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _239_ OF ___2015__

 

DATE OF FILING : _20.5.2015                            DATE OF PASSING JUDGEMENT:  09/03/2016_

 

Present                         :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Sharmi Basu

                                                                             

COMPLAINANT              : Dilip Narayan Saha, 61B, R.K. Chatterjee Road, P.S. Kasba, Kolkata – 42.

 

-VERSUS  -

 

O.P/O.Ps                            :   United Bank of India, Kasba Branch, Dist.South  24-Parganas,             Kolkata-42, Kasba.

 

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President      

 

The short case of the complainant is that his father let Aswini Kumar Saha opened one Fixed Deposit Account with Rs.8000/- at United Bank of India ,Kasba Branch on 25.01.1983 with a standing instruction to UBI that the accrued interest of the FD will be paid to Adday Kali Mandir for Seva purposes only on every month and the same was continued till 2-3 years and thereafter Mandir Committee was enough money to meet the expenses . So, the interest from the F.D was not withdrawn, which was then added to the principal amount and after maturity renewed accordingly as fresh F.D. Thus on 4.1.2008 Rs.21000/- was the renewable Fixed Deposit Amount, but considering the period of F.D. it appears that O.P Bank had deprived the complainant from the actual amount of interest and for necessary clarification two notices were issued to the Bank Manager of U.B.I but they did not pay any heed to it ,for which complainant informed the mater to the Consumer Affairs Department and inspite of their attempt to solve the dispute all are in vein, that is why this case is filed before this Forum and it has stated by the complainant that if the actual amount is being received from the Bank, then a trustee account will be opened in the name of Aswini Kumar Sahara Smriti Sansad  and the entire amount will be put into the trustee’s F.D Account which will be operated by authorized signatories of Mandir Committee and the incurred interest from the F.D will be deposited to the Adday Kali Mandir Account and will be spent on account of devotional song, for which prays for refund of the amount paid by the complainant to the tune of Rs.1,50,000/- and other prayers which may be awarded suitably by this Forum.

O.P Bank is contesting the case by filing written version and has claimed that this case is barred by limitation since the FD account was settled on 3.1.2008 with the consent of the complainant and complainant received the settled amount with full satisfaction. So, complainant is not in clean hand. Moreover, complainant is not a consumer in view of Section 2(1)(d) of the C.P Act, 1986. The positive case of the O.P is that the O.P Bank paid interest on the said FD with maximum benefit i.e. 8.5%  p.a which was the then highest rate of interest on FD from 25.1.1988  to 3.1.2008 amounting to Rs. 13438/- along with principal amount of Rs.8000/-. Thus the O.P Bank paid total Rs.21,438/- to the complainant and the complainant accepted the same without any objection.  Complainant was satisfied and invested the said amount on the very next day in a RIP with the O.P Bank.  The photocopy of letter dated 2.6.2007 of the complainant to the Bank Authority is annexed with the complaint. It has further claimed that complainant after receiving the amount filled up a fresh form along with Kalyan Mitra and reinvested for RIP of Rs.21,438/- on 4.1.2008 with interest @8.5% p.a which would mature on 4.1.2008 and the maturity value will be Rs.49,713/- . The photocopy of the application dated 4.1.2008 for RIP in the name of the complainant and Kalyan Mitra is annexed with the complaint. Accordingly, O.P prays for dismissal of the case with cost.

Points for decision in this case is whether there is any deficiency in service on the part of the O.Ps or not.

                                                            Decision with reasons

At the very outset, it is surprising to point out that after filing the complaint case, complainant was present till the date of appearing of the O.P along with vakalatnama and written version. Copy of written version was served on 16.7.2015 vide order no. 4 fixing 9.9.2015 for evidence by the complainant. Thereafter, O.P is present but complainant vanished . But we fix a last chance for evidence on 19.11.2015 and on that date O.P was present but complainant was absent fixing another date for evidence by the complainant on 7.1.2016 and on that date O.P is present and complainant is absent and complainant was show caused. Thereafter on 3.2.2016 complainant, as usual, is absent without steps ,nor file show cause and O.P Bank is present as ususal,for which, record is fixed for hearing argument on the basis of the documents available in the record fixing 25.2.2016 for hearing argument. Complainant is again absent and O.P Bank is present as usual . Heard argument of the O.P Bank and thereafter delivery of judgment was fixed on 8.3.2016 but on that date one of the Member is absent for which date is deferred.

This is the backdrop of this complaint case,wherein, we find that after filing written version and when O.P Bank disclosed the activity of the complainant over the procedure ,then complainant vanished and after lapse of several dates complainant did not turn up. The reason is nakedly appearing from the documents filed along with written version that initially FD amount of Rs.8000/- was open in the name of Aswini Kumar Saha who will operate the said FD account by his single signature only and after his death any two of remaining four will operate the F.D. The interest of said FD was to be transferred in the Savings Account as per details and FD was of five years. It appears that Aswini Kumar Saha expired on 6.3.1984 as per death report issued by the Corporation of Calcutta. Thus the complainant and others are entitled to operate the same as per terms of the agreement and the said FD was closed and from the bank statement it appears that Rs.21,438/- was given to the complainant and others. Thereafter, this complainant inform the Manager of UBI ,O.P, on 2.6.2007 expressing that his father Aswini Kumar Saha died and FD receipt got misplaced which could not be renewed on the date of maturity and somehow he got it and like to renew it. So, complainant requested the Branch Manager of the O.P to give maximum benefit as per his condition as some of the money will be donated at  Adday Kali Mandir for its developer.  It is once again to point out that after getting the total FD amount of Rs.8000/- and interest Rs.13,438/- ,in all Rs.231,438/- , same was reinvested by the complainant and another Kalyan Mitra for the period of 10 years and the amount of investment is identical ,wherein it has specifically mentioned  principal amount of Rs.8000/- plus interest Rs.13,438/-.                                                                                                                                                                                                                                                                          So, from the RIP Certificate itself it is appearing that complainant and Kalyan Mitra although has given false assurance in order to get more interest from the interest of Adday Kali Mandir but the same was invested in his name and another Kalyan Mitra who is the second applicant and the value will be Rs.49,713/- and maturity date is 4.1.2008. Surprisingly, inspite of doing all these things, complainant filed this case and firstly harassed the Consumer Affairs Department showing their false allegation against the bank authority and thereafter filed a concocted and fabulous allegation against the bank authority ,wherein complainant himself accepted the matured value with interest and reinvested the same on 4.1.2008. Thereafter for wrongful gain again he filed this case. That is why, after disclosing the fact by the O.P Bank at the time of filing written version ,complainant fled away from this consumer court instead of getting redressal of his complaint. So, on a moment scrutiny we find that there is no deficiency in service on the part of the O.P ,rather this complaint petition and the activity of the complainant is nothing but a frivolous one which will be considered as a glaring example of fabulous complaint in view of section 26 of the C.P Act, 1986,wherein it has specifically mentioned that where a complaint is instituted before the District Forum, Hon’ble State Commission or the Hon’ble National Commission, as the case may be, is found to be frivolous or vexatious , it shall, for reasons to be recorded in writing , dismiss the complaint and make an order that complainant shall pay to the O.P such cost not exceeding Rs.10,000/- , as the case may be, specified in the order.

Here, in the instant case, we find that when the written version was filed by the O.P, Bank, the cat has come out of the bag and thereafter complainant never attended the Forum for redressal which is clearly proved that complainant was worried by filing photocopy of the documents and reinvesting the FD amount along with interest by himself and another Kalyan Mitra on 4.1.2008 which is the next date of getting the said FD amount. The FD amount was settled on 3.1.2008 and new RIP was opened ian the name of the complainant and Kalyan Mitra on 4.1.2008 ,wherein the source of said amount has been categorically mentioned in the bracket portion and principal amount is Rs.8000/- and interest is Rs.12,438/-,that is why, complainant has fled away  that his frivolous and vexatious complaint has come in the day light.

But complainant cannot be evaded as per section 26 of the C.P Act, 1986 as prescribed. If we shut our eyes knowing the conduct of the frivolous and vexatious complaint, then this type of unruly and greedy complainant will try to squeeze money in the name of Adday Kali Mandir ,for which Rs.5000/- will be cost and the said cost has to be borne by the complainant we hope that greedy complainant failed to pay any amount to the development of Adday Kali Mandir but we find that after collecting the said amount O.P Bank will donate the said amount to the Adday Kali Mandir in Kasba.

With that observation, it is

                                                            Ordered

That the application under section 12 of the C.P Act ,first of all, is hopelessly barred by limitation since it was filed after lapse of 7 years without filing any application under section 24A (2) of the C.P Act. Moreover, this complaint itself is vexatious and frivolous complaint as it appears from the body of the judgment ,for which complainant is directed to pay Rs.5000/- to the O.P Ban k out of which Rs.1000/- is to be donated for the development of Adday Kali Mandir at Kasba and rest Rs.4000/- is for meeting the legal expenses of the O.P Bank.

It may be mentioned here that if the complainant failed to pay the said cost amount within one month from this date, then O.P Bank is at liberty to execute the same through this Forum by filing execution case before this Forum after expiry of 30 days.

This order is passed in order to give lesson to this type of greedy complainant .

 

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

Member                                                                                                                       President

Dictated and corrected by me

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

            Ordered

That the application under section 12 of the C.P Act ,first of all, is hopelessly barred by limitation since it was filed after lapse of 7 years without filing any application under section 24A (2) of the C.P Act. Moreover, this complaint itself is vexatious and frivolous complaint as it appears from the body of the judgment ,for which complainant is directed to pay Rs.5000/- to the O.P Ban k out of which Rs.1000/- is to be donated for the development of Adday Kali Mandir at Kasba and rest Rs.4000/- is for meeting the legal expenses of the O.P Bank.

It may be mentioned here that if the complainant failed to pay the said cost amount within one month from this date, then O.P Bank is at liberty to execute the same through this Forum by filing execution case before this Forum after expiry of 30 days.

This order is passed in order to give lesson to this type of greedy complainant .

 

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

Member                                                                                                                       President