DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION : BHADRAK.
Dated the 29th day of September 2022.
C. D. Case No. 11 of 2021.
Shri Shiba Prasad Mohanty, President.
Manasi Dixit, W/o:- Sri NilakanthaSatpathy,
Vill:-FCI Colony, Erein,
Po:-Charampa,P.S:- Bhadrak (R),
Dist:-Bhadrak, Odisha. . . . . Complainant.
Versus.
Branch Manager, Canara Bank,
Chhapulia, By-Pass, Bhadrak,
At/Po/PS/Dist:-Bhadrak. . . . . . Opp. Party.
Counsel For Complainant : In person.
Counsel For the OP : Prasanta Kumar Nayak, Advocate.
Date of hearing: : 19.09.2022.
Date of order: : 29.09.2022.
SHRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant against the opposite parties for deficiency of service under Consumer Protection Act, 2019.
The complainant files a petition stating that she is a lady and a teacher in a govt. school and it is becoming onerous upon her to appear on each date of posting of the case and prays for final hearing duly serving copy on the OP. As the O.P. has no objection to it, the matter was taken for final disposal.
The case of the complainant is that shehad opened one RD Account on dated 04.01.2014 vide Account No. 3141181000266 in her name in the Canara Bank, Bhadrak Branch, By-Pass Road, District Bhadrak.The aforesaid RD Account was opened for the period of deposit for78 (seventy eighty) months and its total maturity value was Rs.2,12,404.00 and monthly installment amount was Rs.2,000/- and its interest was @ 9.5% per annum compounded quarterly. The due date of maturity was 07.04.2020.According to the instruction and guideline mentioned in the R.D. Book supplied to the complainant by the manager of the Bank the complainant has deposited all the 78 installments in RD Account vide No. 3141181000266 which got matured on 07.04.2020. Due to Covid-19 problem and lock down period the maturity value could not be withdrawn by the complainant in the month of April 2020. In the month of July 2020 when the complainant asked the O.P. for withdrawal as maturity value of the said RD Account the O.P. transferred only Rs. 1,94,287/- to the account of complainant vide A/c No. 3141101002942 instead of total maturity value of Rs.2,12,404.00 (as assured by the O.P. Bank) by deducting Rs.18,117/-.Complainant has deposited all the installments of RD Account as per the instruction of the O.P. Bank but the O.P. without sufficient reason has deducted Rs.18,117/- from the maturity with a false plea that the complainant has made late payment of few installments. Deduction of Rs.18,117/- from the assured maturity value of RD Account is illegal, in lawful and gross negligence of the O.P. The complainant has suffered a great financial loss due to monopoly calculation of maturity of the RD account of the complainant and the complainant has been remaining in mental agony for such financial loss. Apart from that the maturity date of RD was 07.04.2020, but the O.P. transferred the maturity value on 17.07.2020 to the saving account.The maturity amount of complainant RD Account remained in the Bank of the O.P. but the O.P. has not paid single paisa towards the interest from 07.04.2020 to 17.07.2020 which is the genuine claim of the complainant. The complainant should be paid the interest of her maturity RD amount for the period of dt. 07.04.2020 to 17.04.2020. As such the complainant approached the O.P. Bank in various times and put her grievance before the O.P. (Canara Bank, Bhadrak) but that all in vain. Till today the O.P. did not take any suitable steps in payment of the deducted amount of Rs.18,117/- from the RD account of the complainant and the interest of entire maturity value from 07.04.2020 to 17.07.2020 for which the complainant compelled to file this dispute before the Commission for recovery of deducted amount of Rs.18,117/- and the interest of total maturity value of RD account of the complainant from 07.04.2020 to 17.07.2020 along with the compensation for negligence of the O.P. towards the complainant.
In refuting most of the allegations leveled against him in the complaint, the Opp. Party Bank filed into the case his written version in his defense. It is admitted by the O.P. Bankthatthe complainant has opened a R.D. Account No. 3141181000266 on dt.04.01.2014 in Carana Bank, Bhadrak Branch which got matured on dt. 07.04.2020. It was agreed upon between complainant and O.P. on the date of opening of R.D. Account that, the matured value of this Account shall be Rs.2,12,404/- if the complainant makes payment monthly installments in due time of Rs.2,000/- on fourth day of every month. If the complainant shall be regular in deposit of 78 installments, than the complainant shall be entitled for receive Rs. 2,12,404/. If the complainant is defaulted in regular payment. As such the complainant shall not be entitled to receive Rs.2,12,404/- and complainant shall be paid lesser amount as per Bank Rules. Further it was agreed upon that, the complainant shall personallyappear in the Bank on 07.04.2020 to receive value which will be calculated on the basis of deposit of installment dues as per norms and terms of Bank, and the complainant shall not be entitled to receive interest upon the matured value. All the value has calculated on the basis of norms and terms of the Bank after 07.04.2020. Since the complainant is grossly defaulted in making payment of regular installments, she is not entitled to receive Rs.2,12,404/-. As the complainant did not appear on 07.04.2020 &till 16.07.2020 the value of R.D. Account could not transfer to her account. When she appeared in the Bank personally as per calculation in her presence she agreed to receive a sum of Rs.1,94,287/- which was transferred to her account. She had never made objection and also she had never came to Bank with any grievance with regards to such claim. She has filed this dispute at belated stage with ulterior motive to make in illegal gain. The written statement showing the payment of installment dues is annexed here with for perused of learned Forum regarding her irregular deposit of installment dues. The relief sought for by complainant as out and illegal. She is not entitle to receive Rs.18,117/- interest form 17.04.2020 to 17.07.2020, litigation expenses and compensation amounting to Rs. 10,000/-.This Bank was functioning regularly during Covid-19 period and there was no lockdown after 17.04.2020. Hence the allegation against closer of Bank at Covid period is false.Hence he prays to dismiss the complaint.
Having gone through the rival contention of the parties the following issues were framed to adjudicate the dispute:-
- That, whether the O.P. Bank has assured the maturity vale to be Rs.2,12,404/- on date of opening of the R.D. A/c No. 3141181000266 by the complainant ?
- That, whether the O.P. has illegally deducted Rs. 18,117/- while money the final payment against the said R.D. Account ?
- That, whether the O.P. Bank is liable to pay interest from the date of maturity i.e. 07.04.2020 to actual date of payment i.e. 17.07.2020 ?
So far as the Issue No. 1 & 2 is concerned, the complainant has opened a R.D. Account No. 3141181000266 on 04.01.2014 as reveals from the certificate issued by the O.P. Bank. It is clearly written at the maturity value column that the amount is Rs.2,12,404/- and in the next column at due date the date mentioned in 07.04.2020. In absence of anything else in the said RD Certificate this Commission is unable to accept the contention of the O.P. Bank, that it was agreed between the parties that if the complainant defaults in money regular payments then she shall be entitled to receive lesser maturity amount. It is an unopposed evidence of complainant that she has paid 78 installments of Rs.2,000/- each. There may be some delay in paying the monthly installments but the complainant has paid all 78 installments. As per the guidelines of Recurring Deposit filed by the O.P. Bank at clause 3 it has been clearly stated that the applicant of RD Account has to go through the rules and sign a declaration for having read the rules. There is no such declaration in the case record to say that the complainant was aware of the fact that if she makes delay in payment of monthly installment then she will be entitled to less amount then what is written in the RD Certificate. Further as per the Rules 6.2.3. of the same guidelines, it says if there is a delay in paying the monthly installments then the same shall be accepted with penalty. But the O.P. Bank has never asked for any penalty for the delayed installments. So, issues No. 1 & 2 are answered in favour of the complainant.
Now, issue No.3 is about delayed payment of maturity value to the complainant by the O.P. Bank. The guideline at 10.4.a says the proceeds of the RD Account shall be deposited in the S.B. Account of the complainant. So, when the said RD Account matured on 07.04.2020, the maturity value ought to have been transferred to the SB Account of the complainant held with the O.P. Bank. Admittedly, When the complainant appeared in the Bank personally in her presence a sum of Rs.1,94,287/- has been transferred to her account as Maturity Value by the OP Bank. The O.P. Bank has committed deficiency in service by not transferring the maturity proceeds of the RD Account to the SB Account of the complainant forthwith in contravention to their own guidelines and cause an unnecessary delay of 3 months 10 days. So, the O.P. Bank is liable to pay interest over the maturity value is Rs.2,12,404/- @ 9.5% for 3 months & 10 days. So, the last issue is also answered in favour of the complainant.
So, it is now clear that the O.P. Bank has given in writing that the maturity value will beRs.2,12,404/- on 07.04.2020 and the deduction of Rs. 18,117/- for the maturity value is illegal and the O.P. Bank has caused unjustified delay in transferringthe maturity amount to the SB Accountof the complainant.Hence, it is ordered.
O R D E R
The complaint be and the same is allowed on contest against the O.P. Bank. The O.P.Bank is directed to pay Rs.18,117/- & interest of 40 days on Rs.2,12,404/- i.e. Rs.2,200/- along with Rs.3,000/- towards harassment & inconvenience caused to the complainant along withcost of the litigationRs.2,000/- within a period of one month from the date of receipt of copy of this order, failing which interest @ 9% shall be payable over the entire awarded amount till the date of payment.
This order is pronounced in the open Commission on this the 29th day of September 2022 under my hand and seal of the Commission.
Typed to my dictation & corrected by me.
