IN THE COURT OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, DEOGARH
C.C. Case No- 44 /2021
Present-Sri Dipak Kumar Mahapatra, President, Smt. Arati Das, Member.
Shradhakar Pradhan,aged about 58 years,
S/O- Bakuli Charan Pradhan,
R/O vill- Talkundi, P.O- Tentelabahal,
P.S- Reamal, Dist- Deogarh. …..Complainant
Vrs.
The Branch Manager,
Sambalpur District Co-Operative Central Bank Ltd.
Reamal Branch, At/P.O/P.S-Reamal, Dist- Deogarh. …..O.P
Counsels:-
For the Complainant :- Sri S.K Biswal & Associates, Advocates.
For the O.P :- Sri. R.K.Satpathy & Associates, Advocates.
Date of Hearing: 05.11.2021, Date of Order: 04.12.2021
SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that, the Petitioner has some fixed deposits with the O.P bearing certificate serial no-C 066099, C 066100,C 066101, C 066102, C 066103, C 066104 and C 066105. The above mentioned fixed deposits are the outcome of reinvestment which are the matured value of previous fixed deposit amount made in the year 2015 which were renewed and the certificate were issued against them. The above certificates were issued on dtd. 12.04.2018. The F.D for certificate no-C066099 and C 066101 amounting to Rs.58,343/- each were issued to the Complainant on dtd. 07.03.2018 and maturity date was dtd. 12.04.2021. The Petitioner opted to renew the fixed deposit The Petitioner claimed that the above certificate was deposited again, he reached to the O.P on dtd. 12.04.2021 but the O.P told that there was no deposit has been made by the Petitioner vide certificate no- C 066101. Again the O.P stated that on dtd. 07.03.2018 the petitioner had deposited only Rs. 58343/- through MR No-004060054009 and two certificates vide C 066099 and C066101 were wrongly issued in favour of the Complainant. As per the Petitioner, the certificate no- 066101 was only the maturity value of the previous fixed deposit made in the year 2015. The amount was neither paid in cash nor credited to the petitioners account. For the above deficiency in service the petitioner has suffered a loss of Rs.72377.- which was the maturity value of the F.D. The cause of action arose on dtd. 12.04.2018 when the O.P denied paying the maturity value against the certificate no. C 066099 and C066101.
The O.P states that the Complainant came to the bank on dtd. 12.04.2021 for renewal of Fixed deposit and produced two certificates no. C 066099 and C 066101 having maturity date 07.03.2021 valued at Rs. 58,343/-each. The O.P examined the Certificate No C 066101 and found that there was no such deposit in the bank. But on dtd. 07.03.2018 the Fixed deposit matured vide account no- 4060054009 for Rs. 58,343/- and has been renewed and renewal certificates were issued to the Complainant. There is no such certificate issued to the Complainant having certificate serial no C 066101. The Complainant has come with a fake certificate to the Branch after 3 years. There is no such deposit of the Complainant or any account number allotted to him. The O.P has submitted details of accounts along with renewal, supplementary day book for Rs. 07.03.2018. Again he added that certificate no C 066099 and C 066101 are for account no-4060054009 which are renewed on dtd.07.03.2018 for Rs.58,343/-. The maturity value of Rs.72377/- has been renewed on dtd.07.03.2021 Hence the claim is baseless and the Complainant wanted to put the Bank in loss by showing a fake certificate. Hence the petition shall be dismissed.
POINTS OF DETERMINATION:-
- Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
- Whether the O.Ps has committed any Deficiency in Service to the Complainant?
From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has availed some fixed deposits from the bank of the O.P. On dtd.12.04.2021 the Complainant came to the O.Ps Bank with two nos. certificates vide number C 066099 and C 066101 to encash maturity value but the O.P denied that the certificate bearing no. C 066101 was not issued by his bank in favour of the Complainant and it is a fake one. This commission directed the O.P to provide data regarding the issuance of certificate bearing number C 066101, if, to any other person but the O.P failed to provide the same rather sent a letter to this Commission informing that the certificate bearing no- C 066101 is missing from his branch. But this matter was not at any point of time, informed to the higher authority of the O.P or to the police rather he remained silent over the matter since long and he expressed the matter in writing only before this commission during the hearing of this case. Again we inferred from the Written Version of the O.P that, in Para no-7 he has stated that the certificates no. C 066099 and C 066101 is shown by the complainant is for A/C no-4060054009 and renewed on dt. 07.03.2018 for Rs.58,343/- and in Para no-4 the O.P has stated that the said certificate C 066101 was not issued to the Complainant, are self contradictory. On the other side the Complainant claims that the said certificate bearing no. C 066101 was issued to the complainant by the bank authority and the onus lies on the O.P to prove that the said certificate is the fake one and not issued by him. The O.P could not establish his defense properly and evasively denied the issuance of certificate to the Complainant which proves that the O.P is deficient in providing necessary services and adopted Unfair Trade Practices regarding payment of the maturity value to the Complainant .This matter has been well settled in the case of “Sahara India Pariwar & Anr. vs Shyamwati” decided on 7 February, 2020 by National Consumer Disputes Redressal, New Delhi. From the above we came to the conclusion that the O.P has committed Deficiency in service and we order as under:-
ORDER
The Complaint petition is allowed. The O.P is directed to release the maturity amount of Rs. 72,377/- as mentioned in the certificate bearing no- C 066101 with 9% interest per annum from the date of maturity of the Fixed Deposit Money dtd. 12.04.2021 till its realization." The O.P is further directed to pay Rs. 1,00,000/-(Rupees One Lakh) as compensation and Rs. 5,000/- (Rupees Five Thousand) towards the cost of litigation. All the above orders are to be carried out within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law.
Order pronounced in the open court today i.e, on 4th day of December-2021 under my hand and seal of this Commission.
Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.
I agree,
MEMBER. PRESIDENT.
Dictated and Corrected
By me.
President
