DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 227/2019
Date of Filing: Date of Admission: Date of Disposal:
22.07.2019 30.07.2019 29.09.2023
Complainant/s:- | - SUPRAKASH GHOSHAL, son of Satyadhan Ghosal, residing at village and post office – Samta, Police Station – Bagnan, District –Howrah, Pin- 711324.
= Vs = |
Opposite Party/s:- | - The Branch Manager, UCO Bank, Kancharapara Branch, Lenin Sarani, 24-Parganas(N), Pin-743145. P.S- BIJPUR
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P R E S E N T :- Smt. Monisha Shaw………………. Member.
:- Sri. Abhijit Basu …………………. Member.
JUDGMENT
This complaint is filed by the Complainants U/s 12 of the Consumer Protection Act, 1986 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OP as the OP did not take any step to redress his grievance till filing of this complaint.
The Complainant stated that the Complainant is only legal heir and successor of deceased Nanda Rani Chatterjee who died on 01.10.2016 living behind her nephew name Suprakash Ghosal is her successor to succeed her movable and immovable properties. The said Nanda Rani Chatterjee residing at village & post office Samta, P.S. – Bagnan, District – Howrah. The fixed deposit which bearing A/c no. 10180310040355, F.D. No. 843553 dated 10/08/2010 for Rs. 40,000/- and A/c No. 10180310040362, F.D. A/c No. 843554 dated 10/08/2010 for Rs. 60,000/- both are for a period of 60 months and the date of maturity of both the F.D was 10/08/2015 in the UCO Bank. After the death of Nandarani Chatterjee the Complainant went to Opposite Party and requested to disburse / pay the amount which was deposited by the deceased Nandarani Chatterjee, the Complainant also deposited the death certificate of Nandarani Chatterjee in the UCO Bank. As per direction by the O.P, the Complainant deposited some papers and documents to disburse the maturity amount in the account of the Complainant. As per requirement of the Opposite Party the Complainant on 29/08/2017 deposited the following documents:-
- Legal Heir certificate,
- Affidavit,
- Indemnity bond
- Death Certificate
- Voter card
- Treasury Receipt copy
- Copy of Aadhar Card
- 10B Pass Book &
- Chairman Certificate
Contd. To Page No. 2 . . .
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C.C. No. 227/2019
Thereafter, on several occasion the Complainant requested the Opposite Party to pay the maturity amount but the Opposite Party did not pay any heed to request of the Complainant. Having no other alternative the Complainant send a legal demand notice through his Ld. Advocate to the Opposite Party on 18/04/20219 demanding the amount to be paid to the account of the Complainant and the said notice was duly served upon the Opposite Parties on 20/04/2019. But the Opposite Party has failed to comply with the requisition.
As perversion of the Complainant the cause of action for the present case arose on 10.08.2015 when the fixed deposits were matured and thereafter on 29.08.2017 and 18.04.2019 and the same is continuing till date.
Prayer of the Complainants:-
- Directing to the O.P to pay the maturity amount of two fixed deposits which were matured on 10.08.2015 with interest till the realization of the amount,
- Directing to the O.P to pay to the Complainant a sum of Rs.1,00,000/- for harassment, trouble, physical inconvenience and mental agony suffered by the Complainant.
- Directing to the O.P to pay to the Complainant a sum of Rs.50,000/- for litigation costs.
- Any other relief or reliefs to which the Complainants are entitled to get under law equity and natural justice.
The O.P received the notice on 24.03.2021 but the O.P did not appeared before this Commission and not filed any W/V within stipulated period and the case do run exparte against the O.P from 17.08.2022.
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case.
Decision with reasons:-
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
We have perused the complaint on affidavit filed by the Complainants.
On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of argument by the Ld. Advocate for the Complainant, it is revealed that deceased Nanda Rani Chatterjee had been deposit holder with the opposite party bearing A/C no. 10180310040355, F/D No. 843553 dated 10.08.2010 for Rs.40,000/- A/c No. 10180310040362, F.D. A/c No. 843554 dated 10/08/2010 for Rs. 60,000/- both are for a period of 60 months and the date of maturity of both the F.D was 10/08/2015 in the UCO Bank.
At that time the depositor died on 01.10.2016.
Contd. To Page No. 3 . . . /
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C.C. No. 227/2019
As per direction of the opposite party the Complainant deposited Fixed deposited certificate, affidavit of legal heirs certificate, Indemnity Bond (Xerox copy),and certificate of the Kanchrapara Municipality certificate as the Complainant Suprakash Ghoshal is the only legal heirs of deceased Nanda Rani Chatterjee.
As per documents filed by the Complainant the date of maturity of both the F/D was 10.08.2015 and after maturity the said Nanda Rani Chatterjee could not withdraw the matured amount as she was suffering from various ailments before her death. After some days when the Complainant went to the O.P bank for disburshed the claim amount then the O.P bank required some documents for released the matured amount. As per direction of O.P bank the Complainant deposited the said documents. It is admitted that the O.P bank is the service provider as per C.P Act.
Here the status of the OPs is service provider and the Complainant being a customer of the OP, so the Complainant becomes a consumer as per Consumer Protection Act, 2019.
In view of the discussion made above it is held that the Complainant being the consumer could be able to prove this case beyond reasonable doubt and is entitled to get the relief as prayed for.
The case is properly stamped.
All the points are thus, decided in favour of the Complainants.
The Complainant at village and post office – Samta, Police Station – Bagnan, District –Howrah, Pin- 711324 and the O.P resides at Kancharapara Branch, Lenin Sarani, 24-Parganas(N), Pin-743145. P.S- BIJPUR, and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample power to try this case.
The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive his claimed amount with interest and she is also entitled to other relief/reliefs and that will be reflected in the ordering portion.
Thus all the points are disposed of accordingly.
Hence, for ends of justice:
It is Ordered
That the instant case being no.C.C.227/2019 be and the same is allowed exparte against the O.P with cost of Rs 5,000/-.
The O.P is directed to pay bearing A/C no. 10180310040355, F/D No. 843553 dated 10.08.2010 for Rs.40,000/- A/c No. 10180310040362, F.D. A/c No. 843554 dated 10/08/2010 for Rs. 60,000/- both are for a period of 60 months and the date of maturity of both the F.D was 10/08/2015 in the UCO Bank with 8% interest within 03 (three) months from the filing of this case. The O.P is also directed to pay Rs. 5,000/- towards litigation cost within 03 (three) months from the date of delivery of judgment, failing which the Complainant is at liberty to put this decree into execution according to law.
Let the plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by
Member
Member Member
