Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : None
Date of filing of the case :15.09.2021
Date of Disposal of the case :28.12.2022
Final Order / Judgment dtd.28.12.2022
Complainant Tapan Das files the present complainant against the aforesaid opposite party under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and prayed for direction to the opposite party to pay maturity value i.e. Rs.25,608.00(Rupees Twenty five thousand six hundred eight) along with interest @ 8.75% per annum, compensation amounting to Rs.50,000.00(Rupees Fifty thousand) and cost of the suit amounting to Rs.15,000.00(Rupees Fifteen thousand).
It is the allegation of the complainant that he opened one fixed deposit account before the OP vide account no.30523617618. After the maturity date he went before the OP for maturity value but staffs of the OP stated that aforesaid fixed deposit has already been adjusted and liquidated against the dues of the loan account of the complainant on 18.01.2021 and also supplied a statement regarding the said fact. Complainant never took any such loan from the OP.
Hence this case.
On perusal of order no.8 dated 16.06.2022 we find that OP after receipt of the notice not yet appeared in this record nor filed W/V and accordingly case has proceeded ex-parte against him.
Trial
During trial complainant Tapan Das filed affidavit in chief and also filed certain documents.
Documents
Following documents have been produced on behalf of the complainant viz :
- Original Fixed Deposit Certificate vide account no.30523617618.....(One sheet)
- Original Fixed Deposit Certificate vide account no.30523617618 dated 15.10.2008 which was renewed subsequently.....(One sheet)
- Statement of account vide account no.00000030523617618 for the period from 01.01.2000 to 31.01.2020........(One sheet)......(Original)
- Advocate letter dated 09.07.2021 alongwith postal receipt........(Three sheets).......(Original) (Postal Receipt pasted in page no.1)
Brief Notes of argument.
Complainant in support of his case filed Brief Notes of Argument dtd. 15.12.2022.
Argument
Ld. Adv. for the complainant argued before this Commission that the complainant opened one fixed deposit account before the OP after depositing a sum of Rs.18,114.00(Rupees Eighteen thousand one hundred fourteen) vide account no.30523617618 but after the maturity date he went before the OP for maturity value but staffs of the OP stated that aforesaid fixed deposit has already been adjusted and liquidated against the dues of the loan account of the complainant on 18.01.2021. He further argued that complainant never took any loan from the OP. OP whimsically deprived the complainant from getting the maturity value.
Decision with Reasons
It is the allegation of the complainant that the complainant opened one fixed deposit account before the OP vide account no.30523617618 but after the maturity date he went before the OP for maturity value but staffs of the OP stated that aforesaid fixed deposit has already been adjusted and liquidated against the dues of the loan account of the complainant on 18.01.2021.
On perusal of original fixed deposit documents dated 15.10.2008 (vide document no.2) vide account no.30523617618 we find that complainant opened the said account for Rs.11,956.00 (Rupees Eleven thousand nine hundred fifty six) for the tenure of forty eight months and got the said certificate. After maturity date it was renewed from time to time and lastly one fresh certificate was issued in his favour.
On perusal of original fixed deposit documents dated 11.11.2014 (vide document no.1) vide account no.30523617618 we find that complainant got new certificate after renewal of fixed deposit account and at the time of renewal of the said account deposited amount has mentioned as Rs.18,114.00 (Rupees Eighteen thousand one hundred fourteen). Maturity date has mentioned as 03.10.2018 and maturity value has mentioned as Rs.25,608.00 (Rupees Twenty five thousand six hundred eight).
Complainant in his evidence as PW-1 corroborated the allegation of petition of complaint. There is no counter evidence on record against the aforesaid evidence.
Moreover there is no counter document against the documents filed by the complainant.
Evidence of PW-1 is nothing but unchallenged testimony.
Accordingly we do not find any reason to disbelieve the evidence of the complainant as well as the documents of the complainant.
On perusal of allegation of the complainant we find that complainant deposited some amount before the OP who is a banking institution accordingly we find that complainant is a consumer and OP is a service provider.
Having considered the facts and circumstances of this case, evidence on records and documents on record we find that complainant has able to established that OP is wilfully neglecting to repay the maturity value of the fixed deposit account in his favour and the aforesaid act on the part of OP is nothing but deficiency in service.
Due to the aforesaid act of OP complainant did not get maturity value of aforesaid investments as a result he sustained mental pain and agony and accordingly complainant is entitled to adequate amount from the OP as compensation.
So necessary direction should be given to OP for refund of maturity value compensation and cost of the case in favour of the complainant.
In the result present case succeeds. Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against the OP with cost of Rs.3,000.00(Rupees three thousands) to be paid by OP in favour of the complainant.
OP is directed to refund the maturity value of the aforesaid investments amounting to Rs.25,608.00 (Rupees Twenty five thousand six hundred eight) along with interest @ 8.75% per annum from 03.10.2018 to till the date of actual payment in favour of the complainant within one month from this date failing which complainant shall have liberty to put this order into execution.
OP is further directed to pay Rs.10,000.00(Rupees Ten thousands) to the complainant as compensation for his physical harassment and for his mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP for compliance.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
