ORDER NO. 3 DT. 11.6.10

HON’BLE JUSTICE MR. A.CHAKRABARTI, PRESIDENT

Appellant is present through Mr. B.Prasad, Ld. Advocate.  Respondent files BNA through Mr. Nabarun Sarkar, Ld. Advocate.

This Appeal was filed against order dt. 17.2.10 passed by District Consumer Disputes Redressal Forum, Murshidabad, in Case No. CC/135/2009 whereby the complaint was allowed and directions were given. 

It appears that the complaint was filed by the petitioners stating that they deposited a sum of Rs. 74,000/- on 15.9.06 with the OP purchasing cash certificates and the OP issued five cash certificates on different values.  When the said certificates matured, the petitioners renewed the same.  The certificates on renewal also matured on 6.8.09 and the complainant requested the OP to pay the maturity value.  When no response was obtained from the OP inspite of request letters, the complaint was filed seeking relief of payment of the maturity value of the cash certificates.

The OP did not contest the proceeding inspite of notice.  Even the written version was not filed making out any case in defence.  The Forum below though allowed the complaint but proceeded on the basis that there was some over-payment.  This conclusion was reached on the basis of a letter from the OP dt. 2.9.09.  On perusal of the said letter we find that the same did not disclose any particulars of any overpayment, nor the amount of overpayment was disclosed and was issued, totally depending on the telephonic information.  The Bank proceeded to draw certain presumptions on their own without even waiting for a reply.  In the present proceeding also the Bank has not made out any case of any overpayment indicating any quantum of overpayment or account in which overpayment allegedly was made.  From the judgement of the Forum we also find that in the body of the judgement the Forum observed that "If there has been any excess payment made to the petitioners by the OP at any time or anywhere the OP shall have to realize the same as per process of law."  We also agree to the same view as Bank has failed to make out any case of overpayment on facts or basis of claim on lien making out a case in law.  In the circumstances, we feel that the impugned order is to be modified in consonance with the observation made in the body of the judgement.  Accordingly, the Appeal is allowed and the impugned judgement is modified and the order on the complaint case will be as follows :-

"That the Consumer Complaint No. 135/2009 be and the same is allowed ex parte against the OP.  The OP is directed to make fresh calculation in respect of each of the five certificates with effect from 15.9.2006 for two terms at the stipulated rate of interest for each term and to make final payment to the petitioners as per fresh calculation only within two months from the date of this order.  The matured value thus assessed as on 6.8.2009 shall carry interest @ 9.5% from that date till the date of complete realization.  If the OP fails to comply with this order right in time, a further sum of Rs. 5,000.00 shall be levied on him for harassment and the petitioner shall be at liberty to realize their dues as per law and procedure."