Date of filing: 09.09.2019 Date of disposal: 24.02.2020
Complainant: Bhabani Prasad Koner, S/o. Late Bhutnath Koner, resident of Vill. & PO: Bhuri, PS: Galsi, District: Purba Bardhaman, PIN – 713 406.
- V E R S U S -
Opposite Party: Paschim Banga Gramin Bank, Uro Chatti Branch, represented by its Branch Manager, having its office at Vill. & PO: Ura, PS: Galsi, District: Purba Bardhaman, PIN – 713 406.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Shri Sailaranjan Das.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party: Ld. Advocate, Benoy Mukherjee (ex parte).
J U D G E M E N T
Instant Consumer Complaint has been filed under Section 12 of the C. P. Act, 1986.
The brief fact of the case is that Shri Bhabani Prasad Koner (hereinafter complainant) deposited a sum of Rs. 9,000=00 in the year 2008 with the OP i.e., Paschim Banga Gramin Bank, Uro Chatti Branch (hereinafter OP) on 10.09.2008. The date of maturity of Fixed Deposit was 10.12.2016 and the term of deposit was the amount would bear an interest of 8.5% and the maturity value was calculated at Rs. 18,014=00. On completion of 99 months, i.e., the tenure of Fixed Deposit, the complainant approached the OP in December 2016 and submitted the original Fixed Deposit Certificate. Despite several request the OP did not credit the amount to the account of the complainant.
Therefore, the complainant sent a letter on 28.03.2019 to the OP requesting payment of maturity amount. In reply to that letter the OP intimated the complainant vide letter No. PBGB/URA/150/18-19, dated 28.03.2019 that Fixed Deposit Certificate was before migration time, the certificate was not bearing any computerized account number. Therefore, they requested for time till 02.04.2019 to find out the computerized number. But the OP did not make any communication with the complainant after 02.04.2019. Therefore, the complainant sent another letter on 25.06.2019 requesting once again to pay the maturity value of the Fixed Deposit within 15 days. Even then, despite receiving the said letter, the OP remains silent. Being aggrieved thereby, the instant complaint has been filed with the following reliefs:-
- Directing the OP to refund the maturity amount of Fixed Deposit Account bearing No. DKY/24017 in favour of the complainant along with interest @18% p.a. from 10.12.2016 to till date of realization,
- Directing the OP to pay a sum of Rs. 1,00,000=00 in favour of the complainant as compensation for mental pain and agony suffered by the complainant and
- Directing the OP to pay a sum of Rs. 20,000=00 as litigation cost.
The OP was duly served with the notice and they entered their appearance on 22.10.2019 through their ld. Counsel. Prayer was made to file written version. Then they were afforded ample opportunities to file written version, they did not do so. Though the matter was called for, none appeared on behalf of the OP and no adjournment petition is filed by the OP. Therefore, this Ld. Forum decided that the matter would be heard ex parte.
Decision with reasons:-
We have gone through the documents and communication attached with the complaint. As per the Certificate, the date of maturity was 10.12.2016. It was the duty of the OP to pay the maturity amount i.e., Rs. 18,040=00 immediately after 10.12.2016. Instead of that, they have not paid the amount to the complainant till date.
As per the letter sent by the OP to the complainant, the certificate produced by the complainant was before migration time. It seems that by ‘migration’ they have meant from manual operation of banking to computerized banking. Even though they had intimated the complainant that latest by 02.04.2019 they would find out the computerized number vide their letter dated 28.03.2019, they completely remain silent after that. It may be mentioned that the ‘migration’ from manual operation to computerized operation of banking is purely an internal matter of the Bank. The complainant cannot be made to suffer for any administrative lacunae on the part of the OP and this constitutes deficiency in service on the part of the OP.
As such, we are of the considered view that the complainant is entitled to get the matured value of deposited amount of Rs. 9,000=00 with cost.
Hence, it is
O r d e r e d
that the Consumer Complaint being No. 146/2019 be and the same is allowed ex parte against the OP- Paschim Baga Gramin Bank, Uro Chatti Branch with a direction to the OP to pay Rs. 18,040=00 (Rs. Eighteen thousand and forty) only along with compound interest @11% (eleven per cent) p.a. quarterly rest within 45 (forty five) days from the date of passing of this order, failing which, the OP will be liable to pay interest @14% (fourteen per cent) p.a. with quarterly raised for the default period. The OP is further directed to pay an amount of Rs. 5,000=00 (Rs. Five thousand) only as compensation for mental pain, agony and harassment and Rs. 2,000=00 (Rs. Two thousand) only as litigation cost within 45 (forty five) days from the date of passing of this award, failing which, the complainant is at liberty to put the entire award in execution as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Sailaranjan Das) DCDRF, Purba Bardhaman
Member
DCDRF, Purba Bardhaman
(Sailaranjan Das) (Nivedita Ghosh)
Member Member
DCDRF, Purba Bardhaman DCDRF,Purba Bardhaman
