DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 97 of 2021.

1. Mrs. Joyshree Biswas(Roy),

W/O. Late Bikash Roy,

D/O. Shri Swapan Biswas,

Resident of Amtali, Ram Krishna Palli,

Near Tripura University, P.S. & P.O.-Amtali 

Dist. -West Tripura, Agartala- 799130.

2. Shri Bibek Roy,

S/O. Late Bikash Roy,

Resident of Amtali, Ram Krishna Palli,

Near Tripura University, P.S. & P.O.-Amtali 

Dist. -West Tripura, Agartala- 799130,…..…..................Complainants.

[Date of birth 01/02/2016, aged 5 years, being minor represented 

by natural guardian-mother i.e. Complainant No.1]

 

-VERSUS-

 

   1) The Branch Manager,

Punjab National Bank,

(Formerly Prior to Amalgamation United Bank of India),

Chandrapur Branch, A.A. Road,

Chandrapur, P.O.-Resham Bagan, Agartala, 

Dist.-West Tripura, Pin-799008.................................Opposite Party.

2). Smt. Anjali Roy,  

W/O. Late Chitta Ranjan Roy,

Resident of West Noabadi, Sen Para, 

P.S.-Bodhjung Nagar, P.O.-Debram Thakur Para, Agartala, 

Dist.-West Tripura, Pin-799008...................Proforma Opposite Party.

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  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 Complainant : Sri Pradip Rathor, 

  Smt. Titu Rani Shil,

  Advocates.  

 

For the O.P. No. 1 : Sri Prabir Saha,

  Advocate. 

 

For the O.P. No. 2 : In-person.  

 

FINAL ORDER  DELIVERED  ON: 28/04/2023.

F I N A L     O R D E R

1. Bikash Roy, the husband and father of the Complainant No.1 & 2 and Proforma O.P. No.2 respectively, died on 29/08/2018 at AGMC & GBP Hospital, Agartala leaving them the only legal heirs. 

Bikash Roy during his life time invested in term deposit with O.P. No.1. 

Complainant sought to the O.P. No.1 upto date statement of Account of Bikash Roy. But inspite of such request did not furnish such information. Rather, asked for stamped indemnity bond. After that also the Complainant No.1 sought information with O.P. No.1 but in vain and asked for survival certificate. Hence, this complaint seeking relief by way of a direction to the O.P. No.1 to give details of the maturity value along with other reliefs for compensation for deficiency of service. 

 O.P. No.1 in written objection pleaded inter alia  that the Complainant No.1 was informed that the maturity value of Fixed Deposit No.1621100043403 of which the Complainant No.1 is the nominee was Rs.1,96,083/- as on 02/12/2021, but the Complainant was interested about other two certificates of which the Pro-Defendant was nominee.  The Pro-Defendant once lodged G.D. Entry in the Bodhjanagnagar P.S. alleging that she lost both the certificates. In fact the Complainant No.1 submitted all the three certificates in the bank and claimed the amounts of the three certificates although the Pro-Defendant No.2 did not submit any claim form claimant the amount of two certificates. 

   The Complainant initially filed a writ petition vide No.W.P(C) 470/2021 which she had withdrawn vide order of 23/08/2021. Without claim form along with KYC in the bank can not disburse the amount to the Complainant No.1 and the Proforma- O.P. No.2 respectively.        

6.      The Proforma–O.P. No.2 did not contest the case although the ex-parte order of 03/06/2022 passed by this Commission was set aside by the Hon'ble State Commission. 

7.    The Complainant No.1 and the O.P. No.1 submitted  evidence with documents. 

8.    The following point is taken up for discussion of decision:-        

  (a). Whether under the facts and circumstances the O.P. Bank can be held responsible for deficiency in service?                                                                                                                    

DECISION AND REASONS FOR DECISION:-

9. The Complainant in her complaint in Para-3 apprised that due to the strained relationship with the Proforma–O.P. The Complainant along with her son are now living in the house of the father of the Complainant.  

10.     The O.P. Bank pleaded in Para-3 of the written statement that the Proforma–O.P. lodged G.D. Entry with Bodhjanagnagar P.S. that she lost her fixed deposit certificate but the Complainant claimed the maturity value of the all the three certificates by submitting three certificates in the bank although the bank denied to pay for the reasons of locustandi of the Complainant and also on the ground that claim form along with KYC were not submitted.   

11. In fact, there facts are admitted position of the case. Hence, the Complainant has been trying to illegally withdrawn the amounts of all the three certificates as her relationship with the Proforma–O.P., her mother in law is strained. And for that matter this case lodged by the Complainant alleging deficiency of service on the part of the O.P. No.1. In fact, the Complainant herself is guilty of wasting time of the O.P. Bank and dragged the O.P. Bank into unnecessary litigation. And after that the Complainant has wasted huge number of judicial hours of this Commission also.                      

12. The point is decided in the negative against the Complainant.                

                In the result the complaint is dismissed, however without cost. 

          Supply a certified copy of the order to both the parties free of cost.        

 Announced.

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,  AGARTALA

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.