The court established that the bank's failure to transfer the money from the Savings Account to the Fixed Deposit Account amounted to negligence and deficiency of service.

ORDER

U.B. Saha, President.(Oral) - The instant appeal is preferred by the appellants, Tripura State Co-operative Bank Ltd. represented by the Managing Director and the Branch Manager, Tripura State Co-operative Bank Ltd., Battala Branch, Agartala, West Tripura (hereinafter referred to as opposite parties/Bank) against the judgment dated 07.08.2017 passed by the learned District Consumer Disputes Redressal Forum, West Tripura, Agartala (hereinafter referred to as District Forum) in Case No.C.C.25 of 2017 whereby and where-under the learned District Forum allowed the complaint petition filed by the respondent (hereinafter referred to as complainant) and directed that "We therefore, direct the O.P. Bank authority to pay the Fixed Deposit interest as approved rate for pre-matured withdraw up to 2016. Payment is to be made to the nominee as mentioned also done in respect of Fixed Deposit Certificate." The learned District Forum also awarded an amount of Rs. 3,000/- for deficiency of service to pay to the legal representative of the complainant and Rs. 2,000/- as cost of litigation, in total Rs. 5,000/-. Opposite parties-Bank is also directed to pay the interest accrued on the two cash certificates for Rs. 7,71,000/- on the approved rate of the Bank for the period from 01.10.2013 to 01.11.2016. Payment is to be made within two months, if not paid, it will carry interest @ 9% per annum.

1. Heard Mr. Manoj Debnath, Ld. Counsel appearing for the appellant-opposite parties as well as Mr. Kajal Nandi, Ld. Counsel appearing on behalf of the respondent-complainants (LR of the main complainant).

2. Facts needed to be discussed are as follows:-

Complainant Kamala Sarkar filed a complaint petition before the learned District Forum under section 12 of the Consumer Protection Act, 1986 alleging that she had a SB Account No. 6655 in the Tripura State Co-operative Bank, Battala Branch, Agartala of the opposite party No. 2. She purchased two cash certificates on 01.10.2013 for an amount of Rs. 4,00,000/- and Rs. 3,71,000/-, in total Rs. 7,71,000/- being C.C.R. A/C No. 1331/10633/1 and C.C.R. A/C No. 1331/10634/1 respectively. Date of Maturity of those cash certificates was 01.04.2021, rate of interest 9.80%. On 16.09.2016, the complainant along with her son (at present LR) went to the Battala Branch for pre-matured encashment of the certificates. The Branch Manager assured to arrange payment of the amount, but there was delay in payment. So, she made applications on 05.10.2016 to the Branch Manager, the opposite party No. 2 and on 01.12.2016 to the Managing Director of the Bank, the opposite party No. 1, but the opposite parties neither replied to the application nor had they made payment as she was entitled to. Thus, she claimed the certificate value of the aforesaid two cash certificates and the interest for the deposits for the period from 01.10.2013 to till the payment and also claimed Rs. 4 lacs as compensation.

2. The opposite party no. 1 and 2 appeared and filed their written statement denying the claim of the complainant. In the written statement it is stated that the complainant never deposited money in fixed deposit scheme by purchasing two certificates. Though, it is admitted by the Bank that on 01.10.2013 complainant wanted to purchase two certificates. She met the Manager and after discussion, the complainant desired to invest the money lying in her SB Account in the Fixed Deposit Scheme. She filled-up the form, but did not deposit Rs. 4 lacs and Rs. 3,71,000/- for the two certificates. Two cash certificates were written, but as the complainant could not deposit the money from the SB Account by use of cheque, the photocopy of the certificates were handed over to the complainant by the opposite parties-Bank, and she was requested to submit the cheque, but the complainant failed to do so. So, the cash certificates were not activated and the amount was lying in her Savings Account. As the money was not deposited against the Fixed Deposit