State Consumer Disputes Redressal Commission
Sbi,Tollygunge Circular Rd. Branch vs Sri Samar Roy Choudhury on 29 May, 2014
DRAFT
STATE CONSUMER DISPUTES REDRESSAL
COMMISSION
WEST
BENGAL
11A, MIRZA GHALIB STREET
KOLKATA 700 087
S.C. CASE NO.FA/324/2013
(Arising out of order dated 12/02/13 in
Case No.CC/54/2012 of District Consumer Disputes Redressal Forum, Alipore,
South 24-Parganas)
DATE OF FILING:22/03/13 DATE
OF FINAL ORDER:29/05/14
APPELLANTS : 1) State Bank of India
Tollygunge Circular Road Branch
43A, Tollygunge Circular Road
P.S. Behala, Kolkata-700 053
2) General Manager
State Bank of India
Local Head Office at
Samriddhi Bhawan
1, Strand Road
P.S. Hare Street
Kolkata-700 001
3) Deputy General Manager
Personal Banking
State Bank of India
Customer Service Department
State Bank Bhawan
4th Floor, Nariman Point
Mumbai-400 021
4) Chief General Manager
State Bank of India
Local Head Office at
Samriddhi Bhawan
1, Strand Road
P.S. Hare Street
Kolkata-700 001
RESPONDENT : Sri Samar
Roy Choudhury
S/o-Late Khagendra Nath Roychoudhury
7, Haridas Daw Road
P.S. Behala
Kolkata-700 053
BEFORE : HONBLE
JUSTICE : Mr. Kalidas Mukherjee
President
HONBLE
MEMBER : Smt. M. Roy
HONBLE
MEMBER : Mr. Tarapada Gangopadhyay
FOR THE APPELLANTS : Mr. Surajit Auddy
Ld.
Advocate
Mrs.
Swapnalekha Auddy
Ld.
Advocate
FOR THE RESPONDENT : In person
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: O R D E R :
HONBLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT This appeal is directed against the judgment and order passed by Learned District Forum, Alipore, South 24-Parganas in case no.CC 54 of 2012 allowing the complaint with cost of Rs.10,000/- and directing the Bank to refund maturity value of Rs.9,04,602/- in respect of two Fixed Deposit certificates as mentioned in the complaint with interest @ 9.75% p.a. from 17/03/11 till the date of judgment within one month from the date of passing the order. The OPs were also directed to pay compensation of Rs.1 lakh with the direction that all the payments be made within one month failing which further interest @ 10% p.a. shall accrue from the date of default till realisation.
The Learned District Forum directed that the Bank Authority was at liberty to realize the cost and compensation from the person who was actually responsible for such act regarding fixed deposit matter.
The case of the Complainant/Respondent, in short, is that he is a senior citizen and had two fixed deposits bearing receipt nos.
Receipt Nos. Date of Date of Principal Amount Payable Deposit Maturity Amount on Maturity
a) TD CS0495619 17.03.2007 17.03.2011 Rs.54,425/- Rs.81,480/-
024b) TD CS0495621 17.03.2007 17.03.2011 Rs.5,59,668/- Rs.8,22,762/-
024On 08/04/11 the Complainant visited the OP No.1 to collect fresh certificates of fixed deposit, but the OP refused to entertain his request with the plea that the same had become inoperative. In January, 2009 the OP No.1 granted demand loan against pledging three certificates of fixed deposit including the certificate being Annexure-A, that is, Rs.54,425/-. Due to liquidation of the loan the three certificates of maturity were returned to the Complainant and, incidentally, the fixed deposit being marked A became matured on 17/03/11 which prompted the Complainant to present the same with the OP No.1 for further renewal. Thereafter Complainant made several visits and representations to the Bank officials with the request to do the needful to enable him to get the benefits of the said certificates of fixed deposit, but no positive result came out. The Complainant alleged that he was entitled to get a sum of Rs.9,04,602/- being the grand total of the maturity value of the said two certificates of fixed deposit amounting to Rs.81,480/- and Rs.8,22,762/- with interest @ 12% p.a. It has been stated that the cause of action arose, firstly, on 17/03/11 when both the certificates of FD became matured and, secondly, on 08/04/11 when the OP No.1 refused to entertain the Complainant to give credit of both the certificates of FD.
The Learned Counsel for the Appellant has submitted that the Complainant had fixed deposit account and he applied for premature withdrawal. It is contended that on 26/03/11 the renewal on maturity was made and there was signature of the Complainant for the renewal. It is submitted that under one account number more than one receipt can be issued and the Complainant did not mention the account number of the FD in the complaint. It is contended that the dispute relates to receipt no.0495621 amounting to Rs.5,59,668/- and the matured value was Rs.8,22,762/-. It is contended that issuance of receipt no.0495621 was an inadvertent error for which no compensation should be awarded.
The Learned Counsel for the Respondent, on the other hand, has submitted that the receipt bearing no.0495621 was pledged as security for a loan and on this point the Bank could not give any explanation.
It is submitted that the Learned District Forum was justified in allowing the complaint.
We have heard the submission made by both sides and perused the papers on record. The allegation of the Complainant relates to two deposits one to the tune of Rs.54,425/-, the maturity value of which was Rs.81,480/- under receipt no.0495619 dated 17/03/07 and the other was to the tune of Rs.5,59,668/-, the maturity value of which was Rs.8,22,762/- under receipt no.0495621. As regards the amount of Rs.54,425/- it appears that it is the specific case of the Bank that the said amount was withdrawn and the said amount was under auto rollover and the date of maturity was 09/04/14.
The Bank has also filed the paper regarding auto rollover and thus there is no ambiguity or basis of claim as regards the amount of Rs.54,425/-.
As regards the amount of Rs.5,59,668/- the Bank has filed papers to show that the said amount was prematurely withdrawn and the amount payable was Rs.6,12,113/- which was also received by the Complainant under his signature with the request to transfer the said amount to SB A/c No.10559521717. The amount was credited on 07/07/08 with the account of the Complainant as per the statement of Bank account filed by the Appellant. Therefore, it is clear that as regards amount of Rs.5,59,668/- there was premature withdrawal, but on this point there is no specific pleading in the petition of complaint.
But it appears, surprisingly, that there is receipt no.0495623 dated 17/03/07 under A/c No.30145154781 on the reverse of which the Complainant received premature withdrawal of Rs.6,12,113/- and on the same date, that is, 17/03/07 under the same A/c No., Receipt No.0495621 was issued in respect of the same amount, that is, Rs.5,59,668/- in favour of the Complainant and his wife under the same account number. The Learned Counsel for the Appellant on this point has submitted that receipt bearing no.0495621 is disputed and it was an inadvertent error on the part of the Bank.
We are unable to accept such contention of the Learned Counsel for the Appellant, in as much as, there is no explanation from the side of the Bank as to why on the same date, that is, 17/03/07 under the same account number two different receipts were issued. The Appellant Bank, therefore, could not succeed in establishing its case relating to the amount of Rs.5,59,668/-, the maturity value of which is Rs.8,22,762/-. On this point there is deficiency in service on the part of the Bank and having regard to the circumstances, we are of the considered view that the Respondent is entitled to get refund of the matured value of the said amount and compensation of Rs.30,000/- which would be sufficient with litigation cost of Rs.10,000/-. We, therefore, modify the impugned judgment as hereunder.
The Appeal is allowed in part. The Appellants are directed to refund the sum of Rs.8,22,762/- with interest @ 9.75% p.a. w.e.f. 17/03/07 till realisation.
The Appellants are also directed to pay compensation of Rs.30,000/- and litigation cost of Rs.10,000/- to the Respondent/Complainant. All the amounts as aforesaid be paid to the Complainant/Respondent within 45 days from the date of passing this order failing which the amount will carry further interest @ 9% p.a. from the date of default till realization. Other directions of the Learned District Forum are set aside. The impugned judgment stands modified accordingly.
Sd/- Sd/- Sd/-
MEMBER(TG) MEMBER(L) PRESIDENT