Date of Filing:    20.09.2019.                                            Date of Disposal:   15.03.2023.

Complainant                :1.Sri Kalika Singh, S/O Late Shio Pujan Singh,

                                    2. Lakhi Devi, W/O Sri Kalika Singh

Both of Dharampur,  P.O. Burnpur, P.S. Hirapur,

Dist. Paschim Bardhaman, Pin- 713325.

-VERSUS -

Opposite Party            :1. Branch Manager, Bank of India, Burnpur Branch, P.O. Burnpur, Dist. Paschim Bardhaman. Pin-713325.

Present                                   : Mohammad Muizzuddeen             -Hon’ble President.

                                                : Mrs. Lipika Ghosh                         - Hon’ble Member.

                                                : Mr. Atanu Kr. Dutta.                     - Hon’ble Member.   

Appeared for the Complainant           :Sri Tushar Kanti Panda          Ld. Advocate.

Appeared for the Opposite Party        :Sri Manas Kumar Nandi        Ld. Advocate.

FINAL ORDER

            On 20.09.2019 the complainant Sri Kalika Singh and his wife Lakhi Devi have filed this application u/S 12 of the C. P .Act, 1986 against the Opposite Party (O.P.).

            The case of the complainants, in brief, is that the complainants invested                  Rs. 3, 90,104.82/- on 08.02.2012 to the OP-Bank. The manager of the OP Bank recovered a loan amount of Rs. 2, 87,000/- only from the above stated fixed deposit amount of Rs.3,90,104.82/- which was transferred to the account No. 423410100024365 on 08.02.2012 without any information and/or permission of the complainants. The complainant No.1 Kalika Singh, due to his old age or not able to understand the facts, his wife Smt. Lakhi Devi visited the Bank of the OP so many times to demand the said amount but the Branch Manager of the OP Bank neglected/refused the same   and caused harassment by not providing such payment and the Branch Manager told him to come in another working day and the complainants went to the Bank but the OP –Bank Manager did not pay the balance amount to the complainants. The complaints are entitled to get the said amount along with interest as consumers of this case. It is also stated that the complainants deposited              Rs. 2, 70,000/- on 31.08.2007 for 10 years vide account No. 42361110000367.

            The cause of action arose on 02.09.2018 and continued thereafter.

            Upon this background, the complainants prayed for directing the OP to pay compensation of Rs. 9, 50,000/- along with interest @ 6% p.a. up to date, to the complainant and to pass order or orders as deemed to be fit and proper.

            The Opposite Party (O.P.) Bank contested the case by filing Written Version (W.V) denying all the material allegations, contending inter alia that the complaint is not maintainable both in facts and in law and that the complaint is fictitious and malafide and mis-conceived one and that the complaint is bared by mis-joinder and non-joinder of the necessary parties and that the complainant has no cause of action for the present case.

            The specific  case of the OP is that the OP sanctioned a loan of Rs. 2,00,000/- on 13.02.2009 at  an interest rate of 12% p.a. against the said fixed deposit of Rs. 2,70,000/- only being No. 159723 dt. 31.08.2007 which was premature at that time. Thereafter, the complainant failed to make payment of the amount along with interest in respect of the said loan account. On 05.07.2011 the OP sent a notice to the complainants stating to call the complainants within a week from the receipt of that letter and to bring the loan Account in order as the interest amount was due, otherwise that interest amount whatever was remaining/due will be automatically adjusted from the principal amount of the fixed deposit account/TDR. But the complainants were silent and left no stone unturned. Thereafter, the OP appropriated the loan liability from the fixed deposit amount and the rest residual amount of Rs.  (3,90,104.82 – 2,88,392.00 ) = Rs. 1, 01,712.82 /- was to be credited to Savings Bank Account No. 423410100024325 . But unfortunately, due to omission, oversight and due to clerical mistake the said residual amount of Rs.1,01,712.82 was  wrongly credited in a different account being No. 423410200024365. That when the complainants visited the Bank of the OP,   the mistake was noticed and identified. It is pertinent to be mentioned that the OP percolated the matter to higher authorities for the redressal and the complainants were assured and informed by the OP that they will get back their balance amount from the value date i.e. 08.02.2012 as per rule of providing interest in the Savings Bank Account and the interest will be calculated accordingly.  Furthermore, the complainants were fully assured by the OP that they will be provided with up to date interest. The copy of the calculation sheet of interest with value date i.e. 08.02.2012 is annexed herewith as marked   “D’. That due to non-transaction of the Savings Bank Account of the complaints since 26.10.2012, the system of the OP marked the Savings Bank Account of the complainants as in-operative/dormant. That the OP requested the complainants time and again to submit the K.Y.C. to make their account active but the complainants still did not submit the same to the OP. Thus the Savings Bank Account in the name of the complainants is still dormant. That an amount of Rs. 1, 01,712.82 has been credited in the savings Bank Account of the complaints and the rest amount will be credited after the full and final calculation of the interest as per Savings Bank interest rate. The OP did not commit any deficiency in service or harassment to the complainants.

            Upon this background, the OP claims for dismissal of the case.

                                           Decision with Reasons.

             In order to prove the case, the complainant has filed evidence-on-affidavit and the Xerox copy of a document. The OP filed questionnaire against the said evidence. The complainant filed reply of the said questionnaire.

            The OP has filed evidence-on-affidavit. But the complainant did not file any questionnaire. Both the sides did not file any Written Notes of Argument.

            Perused the oral evidence and the documentary evidence, questionnaire and the reply of the complainant and the OP.

            The OP has filed Xerox copies of fixed deposit amount of Rs.2,70,000/- , Application-Cum-Proposal for Loan against Bank’s Term Deposit/s , Letter of Set-off and Appropriate to be Obtained From Borrower Depositor, Calling Letter dt. 05.07.2011 and Savings Bank Interest Calculation Sheet with value date 08.02.2012, Transactions Inquiry and Account Details.

            The complainants filed only one document i.e. the Xerox copy of fixed deposit amount of Rs. 2,70,000/- and no other document has been filed by the complainant. According to the oral evidence of the complainant i.e. investment of Rs. 3,90,104.82  and subsequently  on 08.02.2012 the OP Bank recovered the loan  amount of Rs. 2,87,000/- from the said account in respect of loan of Rs.2,00,000/- and as per his calculation , he will get Rs. 1,03,104.82 though he is entitled to get Rs. 1,02,104.82. But he could not produce any document to show that he took loan of Rs.2,00,000/- against the said Fixed Deposit of Rs.3,90,104.82 and the Bank recovered the loan  amount of Rs.2,87,000/- including the interest. He has stated that the complainants deposited Rs.2,70,000/- on 31.08.2007 for a period of 10 years vide Account No. 423445130001360 i.e. above fixed deposit of Rs.2,70,000/-.of which he has filed Xerox copy only.

            On the other hand, the OP submitted that on 31.08.2007 the complainant opened a fixed deposit for Rs.2, 70,000/- for a period of 10 years and the maturity of the same was on 31.08.2017, the Xerox copy of which has been filed by the OP and this Xerox copy of the document is the same as the Xerox copy of document filed by the complainant. It is an admitted fact that the complainant look loan of Rs.2, 00,000/- from the OP on 13.02.2009 for which the OP has filed  the Xerox copies of the documents as Annexure ‘B’. The OP has also fixed Annexure ‘C’ i.e the Letter of Set-off and Appropriation to be obtained showing the said deposit of Rs.2, 70,000/- on 31.08.2007 and maturity date was 31.08.2017, rate of interest was @ 10 % p.a. The OP stated in his evidence as well as in the W/V that the loan liability including the interest of Rs. 2,88,392/- has been appropriated from  Rs. 3,90,104.82 and not Rs. 2,87,000/- and rest amount of Rs. 1,01,712.82 has been credited to the Savings Account being No. 423410100024325. But the  complainants did not produce any document to show that Rs.2,87,000/- has been adjusted from the fixed deposit amount of Rs.3,90,104.82 for  taking loan of Rs.2,00,000/- including the interest. But the OP has proved it by producing the Loan “Bearer” Letter (Form L 435) and Application-Cum-Proposal for Loan Against Bank’s Term Deposit/s dt. 13.02.2009 as Annexure “B”. Therefore, the submissions of the complainant that Rs.2, 87,000/- has been adjusted could not be believable. Therefore, the complainant is entitled to get Rs.1, 01,712.82 which has already been credited to their Savings Bank Account.

            In this connection, the OP gave evidence that the complainants were assured and informed that they will get back their balance amount from value date i.e. 08.02.2012 as per rule of providing interest in the Savings Bank Account and the interest will be calculated accordingly.  Furthermore, the complainants were assured that they will be provided with up to date interest and the copy of calculation sheet of interest up to value date i.e. 08.02.2012, marked as Annexure “D’ which supports the version of the OP. In this connection, no other document has been filed by the complainant. The OP also gave evidence that due to non-transaction of the Savings Bank Account of the complainants since 26.10.2012, the system of the OP marked the Savings Bank Account of the complainants as in-operative /dormant and  the complainants were requested to submit K.Y.C. in respect of that account to make it active but they failed to submit the same for which it is still remained dormant and it is further evidence that as soon as the Savings Bank Account of the complainants will be brought to active status, amount of Rs.92,311.15 will be credited and the rest amount will be credited after the full and final calculation of the interest as per Savings Bank Interest rate and in this connection a copy of payment (Transfer dt. 22.11.2019)  is annexed as marked “E” but the complainants did not shake this evidence of the OP. Therefore, considering the probability and im-probability and the evidence of this case, the evidence of the OP is more believable than the evidence of the complainants. Accordingly, the OP is directed to comply their assurance as per Annexures “D &E” in respect of the rest amount and calculated interest in the Savings Bank Account of the complainants and the complainants are directed to submit K.Y.C. documents to the OP for making the work easy and the OP will remove the in-operative/dormant condition of the account of the complainants.

            Under the above facts and circumstances, we are of opinion that the complainants have  failed to prove their case against the OP.

            Hence, it is

                                                     ORDERED

That the Consumer Complaint No. 151/2019 be and the same is hereby dismissed on contest against the OP but without any cost.

            Let a copy of this order be supplied to the Parties on free of cost.

    Dictated & corrected by me.

                      President

     D.C.D.R.C , Purba Bardhaman.

               Member                                             Member                                             President

     D.C.D.R.C , Purba Bardhaman.   D.C.D.R.C, Purba Bardhaman.           D.C.D.R.C , Purba Bardhaman.