Date of order: 26 .07.2019.
SHRI PITABAS MOHANTY, MEMBER .
Deficiency in banking service is the grievance of the complainant.
The facts relevant as per complaint petition shortly are that the petitioner is the nominee of keshaba Ch.Dash who had deposited Rs 39,000/ in shape of fixed deposit vide receipt no.TD/A/28/ 413123 dt.20.3.1998 for a term of 72 months payble with interest at the rate of 12 % w. e .f 20.03.98 by the o.p.no.1 . That unfortunately after 55 days of the aforesaid deposit his father died but the petitioner came to know about the deposit after 19 years when the petitioner found the original bond in the baggage of his father . On that day the original bond was detected immediately the petitioner intimated to the O.P . That since the aforesaid amount was with the O.P.no.1 since 20.3.2004 was auto renewal facility is available accordingly the nominee of deceased keshaba ch. Dash is eligible to get the maturity amount as per law . But when the petitioner wanted to withdraw the amount and visited the office of O.P.no.1 time and again and produced all documents as per requirement for withdrawal of the amount, the officials of O.P.no.1 playing various role and mis- leading with malafide intention as well as after receiving the pleader notice remained silent over the matter . Accordingly the petitioner knocked the door of the forum with the prayer to direct the O.P to pay the maturity amount of the petitioner as per auto renewal system available in banking guide line along with Rs 50,000 /- as compensation, harassment and cost of litigation .
The notices though was duly served on the O.Ps but the O.P did not chose to file any objection / written version against the complaint petition . According finding no other alternative this fora set exparte vide order dt.02.07.19 .
On the date of hearing we heard the argument from the side of the complainant .After perusal of the record and documents available on record it is undisputed fact that the father of the petitioner has a fixed deposit amounting to Rs 39,000/- for a period of 6 years and the rate of interest was 12 % from 20. 03.98 and it was matured on 20. 03 .04 .On the other hand the O.P.no.1 neither appeared nor filed any objection / written version against the complainant petition. Accordingly there is no scope of remark before this fora to accept the uncontroverted statement made in the complaint petition as per observation of the Hon’ble State Commission or National Commission reported in 2003-CLT-Vol-96-p-15-para-4( C.C.Case No.37/2002-Odisha , 2013(11) CPR-507 –N.C respectively.
Hence this Order
The O.P.no.1 is directed to pay the entire matured amount to the petitioner with F.D interest available time to time as per auto renewal system till the date of realization .The O.P.no..1 also directed to pay the Rs 5000/- as compensation within one month after receipt of this order, failing which the petitioner can take step as per law.
This order is pronounced in the open Forum on this the 26th day of July,2019. under my hand and seal of the Forum.