DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No. 57 of 2021.
Date of hearing : 28.03.2023.
Date of order : 09.05.2023.
Dated the 9th day of May 2023.
Akhila Chandra Barik, S/o:-DibakarBarik,
Vill:-Bagurai (Charigharia), Po:-Madhabnagar,
P.S:- Bhadrak(T), Dist:-Bhadrak. ………….. Complainant.
-:Versus:-
The Branch Manager, Bank of Baroda,
Bhadrak Branch, At:- 1st Floor,
Near BonthChhaka, Royal Garden,
Bhadrak-756100.
.…………Opposite party.
P R E S E N T S.
1. Sri Shiba Prasad Mohanty, President,
2.Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for the Complainant : Sri Jatikanta Nayak, Advocate & Associates,
Counsel for the Opp. Party : Sri A.K. Behera, Advocate& Associates.
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Party under Consumer Protection Act, 2019.
Facts of the case of is that, the complainant is a consumer of O.P. Bank. He has got one Savings Account bearing No. 6817010000179 (Customer ID ET2VO 1039). Regularly, the said account is being operated by the complainant. Complainant made a Term Deposit of Rs.2,00,000/- (Rupees two lakhs) bearing T.D. No. 103 (Customer ID-111575936 bearing Receipt No. 303541 in the O.P. Bank. The said Term deposit was for a period of one year with interest 5.55% and the date of maturity was 22.05.2021. Complainant was busy otherwise, he could not renew the said T.D. in due date for further period. Later the complainant on 08.07.2021 went to the O.P. Bank and requested to the O.P. for renewal of the said T.D. for further period. But the O.P. informed to the complainant that the said Term Deposit account has been closed on 22.12.2020 and the T.D. amount with interest deposited in his S.B. Account No.68170100002179. As such complainant verified in his S.B. Account and found that on 22.12.2020 no T.D. amount with interest has been deposited. Complainant asked to the O.P. that he has not requested to the Bank for early terminate of that deposit, then how and under what authority the Bank terminate that T.D. before maturity. But the O.P. failed to answer satisfactorily. When the complainant has not authorized to the O.P. to terminate that Term Deposit before due date, the O.P. has no right to close it before due date. By that the complainant has sustained financial loss. The act of the O.P. in closing/terminating the Term Deposit of complainant before date without any authorization from the complainant is nothing but deficiency in service and unfair trade practice. By the said illegal act of the O.P., complainant sustained financial loss, mental tension & harassment and O.P. is liable for the compensation of the same to the complainant. On 08.07.2021, complainant through his lawyer served a notice to the O.P. by Regd. Post requesting him to deposit the matured amount of the T.D. in his S.B. Account. But though the O.P. has received that notice, but did not deposit the amount in complainant’s account. As such complainant compelled to file this case against the O.P. By the illegal act of the O.P. complainant has been harassed mentally & sustained financial loss and the O.P. is liable & responsible for the same. Complainant claiming that the O.P. be directed to pay the full maturity amount of T.D. No.103 (Receipt No.303541) Dt.22.05.2020 with interest @ 5.55% and further to pay Rs.50,000/- as compensation for undue harassment & unfair trade practice and deficiency in service and Rs.50,000/- as the cost of litigation.
O.P. submits that complaint is entirely misconceived, baseless & untenable in the eye of law and is liable to be dismissed. Hon’ble District Commission has got no jurisdiction to entertain as it is not a consumer dispute & the complainant has not approached the Commission in clean hands. Complainant is not entitled to get any relief as prayed for because of the fact that he has filed this case suppressing the true facts. Present complaint is baseless & flagrant abuse of process of law aimed to harass, blackmail & to damage the reputation of this O.P. The averments made in Para-2 of the petition is not totally correct. Previously complainant was a customer of Bijaya Bank and after merger of Bijaya Bank with this O.P’s Bank having a Savings Bank Account bearing No.68170100002179 having customer ID ET2VO 1039 and also was having a Term deposit of Rs.2,00,000/- (Rupees two lakhs) vide T.D. A/c No.68170300000278 having Customer ID-e t2vo 1039. The term deposit of the complainant was for a period of one year and the interest rate is 5.55 % and the date of maturity was 22.05.2021. The O.P. denied of committing any deficieny in service or unfair trade practice.
The OP further states that the complainant is a customer of O.P’s Bank & he is having a classic salary saving deposit A/c bearing No.68170100002179 which was opened on 06.08.2016 being operated by the complainant. Complainant has also having a Flexi Deposit (FFD Deposit) (TD) amounting to Rs.2,00,000/- (Rupees two lakhs) bearing No.68170300000278 which was opened on 25.05.2020 & the maturity date was 22.05.2021. As the complainant is having a classic salary account, in that account FFD limit of Rs.2,00,000/- was given against the T.D. Account. It has also been mentioned specifically in the account maintenance of the said term deposit account maintenance that the repay A/c ID & linked operative A/c ID is 681700002179. On 22.12.2020 the O.P. noticed in the statement of his salary account of the complainant that he has withdrawn/availed Rs.50,000/- though in his account only Rs.5219/- was there as on 21.12.2020. Thereafter being a financial a financial institution dealing with public money, the O.P’s Bank has recovered the said amount by sweep transfer from the T.D. Account & thereafter the O.P’s Bank closed the T.D. & deposited the rest amount on the same day through repayment credit in the salary account of the complainant. O.P. is within his power to close the T.D. Account. Moreover the question of interest loss does not arise as because the amount has been deposited in S.B. Account & regular interest has been calculated. From 22.12.2020 to 08.07.2021 the complainant has withdrawn money from his salary account many times through A.T.M. & cheque which money include his T.D. Transfer amount. Then the complainant’s story that he came to know from O.P. on 08.07.2021 regarding closure of T.D. is not at all believable when knowingly he has utilized the amount by withdrawing the same. Complainant has not come to this Hon’ble Commission with clean hands & he is not entitled to get the relief as prayed for & the complaint is liable to be dismissed.
Having heard the Ld. Counsels for the parties and after carefully considering the rival contention of belligerent parties, this Commission finds it proper to frame the following issues to settle the consumer complaint:-
- Whether the OP Bank has authority to prematurely close the T.D. account without the express consent of the account holder?
- Whether OPs have committed deficiency in providing service or unfair trade practice which caused mental harassment to the complainant?
- If so then to what relief the complainant is entitled to?
Issue No. 1, 2 & 3 are taken tgather and answered hereinafter.The case Fixed Deposit vide Customer Id 11575936 of Vijaya Bank became Flexi Fixed Deposit of Bank of Baroda after merger of the banks. The said FFD on face of it shows that the linked operative Loan Account is 681701000002179 which is the savings bank account number of the complainant. As the complainant is having a classic salary account, in that account FFD limit of Rs.2,00,000/- was given against the T.D. Account. It has also been mentioned specifically in the account maintenance of the said term deposit account maintenance that the repay A/c ID & linked operative A/c ID is 681700002179. So, it is very much within the power of the OP Bank to recover the said amount by sweep transfer from the T.D. Account & thereafter the O.P’s Bank closed the T.D. & deposited the rest amount on the same day through repayment credit in the salary account of the complainant. Later, the complainant has withdrawn money from his salary account many times through A.T.M. & cheque which money include his T.D. Transfer amount. The complainant failed to prove anything which can be said to be a deciency in service or unfair trade practice. So, both these issues are answered against the complainant and in favour of the OP Bank. Accordingly, the complainant is not entitled to get any relief.
O R D E R.
In the result complaint be and same is dismissed without any cost to any party.
This order is pronounced in the open Court on this the 9th day of May 2023 under my hand and seal of the Commission.
