NCDRC

NCDRC

RP/3638/2012

HDFC BANK LTD. - Complainant(s)

Versus

ASHOK KUMAR SINHA - Opp.Party(s)

MR. RISHAB RAJ JAIN

08 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3638 OF 2012
 
(Against the Order dated 20/06/2012 in Appeal No. 652/2010 of the State Commission West Bengal)
1. HDFC BANK LTD.
Having its Head retal Deposits at 258/4,A.P.C Road Manicktala Branch, P.S Manicktala
Kolkata - 700 054
W.B
...........Petitioner(s)
Versus 
1. ASHOK KUMAR SINHA
S/o Late N.Sonha R/o A-22/2 Sraboni Abasan Now Residing at 30 Baza, Mahal, Sadar Bazae,P.O Barraxkpore,
24Parganas North
West Bengal
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Shri Rishab Raj Jain, Advocate
For the Respondent :
Shri S.S. Chaudhary, Advocate
Along with Respondent, In person

Dated : 08 Feb 2013
ORDER

JUSTICE J.M. MALIK 1. Mr. Ashok Kumar Sinha, an Advocate, deposited a sum of Rs.30,000/- with the OP, HDFC Bank Ltd for a period of 12 months, 15 days. On 07.03.2008 it stood matured with the maturity value of Rs.32,745.07. The case of the complainant is that it was reinvested for another term, 12 months, 15 days which also matured with the value of Rs.36,009.76 on 23.03.2009. This may be mentioned here that this is the main disputed fact. The case of the complainant further continues that he was in urgent need of money. He asked the Bank to pay him the maturity amount and sent the FDR to the OP by courier. The OP did not respond. The complainant was left with no option but to file a complaint before the District Forum. 2. The OP did not appear before the District Forum, as such they were proceeded against ex-parte. The learned District Forum allowed the complaint with a direction to the OP to pay a sum of Rs.36,009.75 to the complainant with interest @ 9.25% p.a. from the date of maturity within one month from the date of the order along with compensation in the sum of Rs.6,000/- and litigation costs of Rs.2,000/-. Aggrieved by that order, OP preferred an appeal before the State Commission. The State Commission dismissed the appeal. 3. Then the OP, HDFC Bank Ltd., filed the instant revision petition. Our attention was invited to the following facts. In the appeal filed before the State Commission, it was specifically mentioned as under :- . On 8th March, 2008, the fixed deposit receipt was deposited by the respondent in the branch office at Salt Lake (where the respondent had a Savings Bank Account with HDFC Bank Ltd.) with instructions to credit the matured amount of the said fixed deposit in the aid accountof the respondent bearing No.0018000040142 maintained with Salt Lake Branch of HDFC Bank Ltd. Against the said fixed deposit the respondent had availed loan overdraft facility. The copy of the fixed deposit receipt with instruction of respondent bearing No.4784410000398 is annexed hereto and marked with letter 4. As per instruction of the respondent the matured amount of Rs.32,745.07p, of the fixed deposit was credited to the account of the respondent bearing No. 0018000040142 at Salt Lake Branch, after deduction of the overdraft amount. The copy of the bank statement of account revealing the fact that the sum of Rs.32,745.07p was transferred to account No.0018000040142 is annexed hereto and marked with the letter 4. The photocopy of the documents has been produced on the record which bears an endorsement, lease break the FD Amount & credit it to the a/c 00181000040142 Sd/- Ashoke Kumar Sinha. which purports to have been signed by Ashok Kumar Sinha. Fortunately, at the time of final arguments, Mr.Ashok Kumar Sinha, the Respondent, was present in the Commission. He categorically denied that these signatures belong to him. However, he admitted that the above said bank account No. 00181000040142 belongs to him. The statement of the Bank account has been filed before us. Its relevant portion from 08.01.2008 to 26.04.2008 is reproduced below:- 08.01.08 POS4386240801580380 GOLDEN CITY REST.P. 0013781 09.01.08 236.00 5,232.08 23.01.08 CHQ DEP-MICR CLG-ROYD STREET,KOL 0000000 28.01.08 3,836.39 1,395.69 24.02.08 CCAP4346781002101012-T-251208 0678205 26.02.08 678.00 2,073.69 26.02.08 CHQ DEP-MICR CLG ROYD STREET, KOL 0000000 26.02.08 3,836.39 -1,762.70 01.03.08 DEBIT INTEREST CAPITALISED 0008455 29.02.08 2.03 -1,764.73 08.03.08 ATW-4386240801580380-SALT LAKE-CAL 08.03.08 1,000.00 -2,764.73 08.03.08 FD PREMAT PRINCIPAL 04784410000398 0014564 08.03.08 32,745.07 29,980.34 13.03.08 POS 4386240801580380 GOLDEN CITY REST.P 0003566 14.03.08 446.00 29,534.34 18.03.08 ATW-4386240801580380-SEC-3-SALT LA 0003267 19.03.08 500.00 29,034.34 20.03.08 ATW-4386240801580380-SALT LAKE-CAL 4747431 20.03.08 4,000.00 25,034.34 24.03.08 DP ANNUAL MAINTCHG STAX & CESS-21250027 0000000 24.03.08 561.80 24,472.54 26.03.08 CCAP4346781002101012-T-250308 26.03.08 3,836.34 20,636.20 01.04.08 CREDIT INTEREST CAPITALISED 31.03.08 65.31 20,701.51 01.04.08 DEBIT INTEREST CAPITALISED 0820301 31.03.08 3.55 20,697.96 03.04.08 CHQ PAID-MICR INW CL-ASOK KUMAR SINHA 9925448 03.04.08 20,000.00 697.96 03.04.08 ECS CR HUL-1809925448 0000000 08.04.08 12.00 709.96 26.04.08 CCAP4346781002101012-T-250408 0000000 26.04.08 3,836.28 -3,126.32 26.04.08 CCAP4346781002101012-T-250408 0000000 26.04.08 3,836.28 709.00 26.04.08 CCAP4346781002101012-T-250408 0000000 26.04.08 3,836.28 -3,126.32 26.04.08 CCAP4346781002101012-T-250408 0000000 26.04.08 3,836.28 709.96 5. It is thus clear that an amount of Rs.32,475.07 was credited into the account of the complainant. When the statement was confronted with the complainant, he could not recall anything. He argued that a senior counsel was dealing with this case and he was not aware of this document. It, therefore, appears that the complainant has filed a false complaint. This is a very serious matter. But keeping in view the old age of the complainant, we refrain from imposing any cost upon the respondent. The revision petition is accepted. The orders passed by both the foras below are hereby set aside and complaint is dismissed. There shall be no order as to costs.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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