Jharkhand

Bokaro

CC/88/2022

Sanjay Pandey - Complainant(s)

Versus

Branch Manager, Central Bank of India - Opp.Party(s)

B.K. Sharma

08 Dec 2023

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-30-05-2022

Date of final hearing-08-12-2023

 Date of Order-08-12-2023

Case No. 88/2022

Sanjay Pandey S/o Raj Kumar Pandey

 R/o H.NO.-1042, St-15, Sector-9/B,  P.O.- Sector-9/B,

P.S.- Harla District- Bokaro, Jharkhand

                                      Vrs.

Branch Manager, Central Bank of India,

MGM Higher School, Sector-4/B, B.S.City,

P.O. and P.S- Sector-4, District- Bokaro, Jharkhad 827004

 

Present:-

                             Shri Jai Prakash Narayan Pandey, President

Shri Bhawani Prasad Lal Das, Sr.Member

                  

PER- J.P.N Pandey, President

-:Order:-

1. Complainant has filed this case with prayer to direct O.P. (Branch Manager, Central Bank of India, MGM Higher Secondary School, Sector-4, B.S. City, Bokaro) to pay Rs. 4,00,000/- with interest as maturity amount of recurring deposit account which was wrongly closed and to pay Rs. 2,00,000/- as compensation for various type of harassment.
2. Complainant’s case in brief is that he was maintaining R.D. Account No. 3325296952 in the bank of O.P. (Central Bank of India) since 25.02.2014 and was paying Rs. 5250/- per month which was to be paid for 10 years duration and maturity amount of the R.D. Account was Rs. 10,50,390/- and against that very account he obtained loan of Rs. 3,00,000/- on 29.03.2017 vide loan account No. 3743787670. Further case is that entire loan amount was repaid in between 11.01.2021 to 18.02.2022 and complainant requested the O.P. to close his loan account. On 28.02.2022 when complainant gave an application before the O.P. for closure of his loan account then without the consent of complainant his R.D. account was closed and its amount was transferred in the savings bank account of the complainant bearing A/c No. 3076211139 for which complainant raised objection then he was orally intimated that it has been done due to defect of the system which will be rectified but inspite of repeated requests grievance of the complainant has not been resolved hence this case has been filed.
3. O.P. appeared and has filed W.S. mentioning therein that complainant is maintaining above mentioned R.D. Account and savings account who has also obtained loan of Rs. 3,00,000/- which was sanctioned on 29.03.2019 against R.D. Account and on request of the complainant loan account was closed but there was insufficient amount in savings account hence this O.P. was having constrain to revoke R.D. Account of the complainant accordingly R.D. account was revoked and loan account was closed thereafter, balance amount was deposited in the saving account. Further reply is that after receiving a complaint from complainant for restoring R.D. account O.P. has tried his level best to resolve the problem of the complainant to minimize his loss but banking system does not allow him to restore closed R.D. account. Further reply is that there is no cause of action and complainant is not entitled to get any relief, accordingly this case may be dismissed.
4. Now point for determination is whether there is any deficiency on the part of O.P. and if answer is yes then whether complainant is entitled to get relief as claimed or not?
5. Following facts are admitted facts:-

1. That complainant was maintaining savings bank account No. 3076211139 in the bank of O.P.
2. That complainant has opened R.D. Account No. 3325296952 on 25.02.2014 before the O.P. Bank and was regularly paying Rs. 5250/- per month.
3. That complainant obtained Rs. 3,00,000/- loan on 29.03.2017 vide loan account No. 3743787670.
4. That on the request of the complainant loan account was closed on 28.02.2022.
5. That on 28.02.2022 R.D. Account of the complainant has also been closed after adjustment of Rs. 4282/- with the loan account.
6. That on 28.02.2022 complainant was maintaining above mentioned savings account but from that very savings account adjustment of remaining loan amount has not been made.

6. In light of above admitted facts we would try to discuss the matter. At this place it is  important to reproduce para 5 of W.S. which is as follow :-

“That, after receiving a complaint from complainant for restoring his R/D Account, Answering Respondent tried his level best to resolve his problem & minimise his loss but banking system doesn’t allowed him to restore Closed R/D Account, And in this regard all correspondence already provided by Answering Respondent to Complainant”.

7. On careful perusal of above statement of the W.S. it appears that O.P. is admitting the grievance of the complainant as genuine grievance but he has shown his difficulty in its redressal due to some technical issues related to banking system. Complainant has filed photo copy of legal notice dt. 25.04.2022 showing his grievance, he has also filed photo copy of statement of account of savings account No. 3076211139 page-4 accordingly on 28.02.2022 there was sufficient balance in his account on which date Rs. 8177.69 was balance in his account but instead of deducting it O.P. has deducted Rs. 4282/- from the R.D. account causing huge financial loss to the complainant and said R.D. account was closed prematurely. There is no any evidence by the O.P. to show that on that very date there was insufficient balance in the savings bank account of the complainant.
8. On careful perusal of the materials available on record including the account statements of savings bank account, R.D. account etc. and also on perusal of photo copy of letter dt. 28.03.2019 and multipurpose request form by which request was made to close the loan account, it appears that mere on blank  request form signature of the complainant has been obtained by the O.P. and on that very basis account has been closed.
9. On careful perusal of pleadings of the parties specially para 5 of W.S. and other materials available on record we are of the view that there is deficiency in service on the part of O.P. and O.P. has wrongly closed the R.D. Account prematurely causing financial loss to the complainant. Hence complainant is able to prove his case for grant of compensation.
10. So for quantum of compensation is concerned it is very much clear from the passbook of the R.D. Account that maturity date of R.D. is 25.02.2024 and maturity value is Rs. 10,05,391/- but prior to its maturity date it has been closed on 28.02.2022 by making payment of Rs. 6,57,356/- and Rs. 4282/- only. One important fact is to be considered that monthly payment from 22.03.2022 to 22.02.2024 @ Rs. 5250/- per month total Rs. 1,20,750/- was to be made by the complainant to the bank for getting maturity amount i.e. Rs. 10,05,391/-. Hence considering all above aspects as well as utilization of paid amount we are of the view that the payment of lump sum amount would meet the ends of justice to the parties.
11. Accordingly prayer of the complainant is being allowed in following manner:-

O.P. Branch Manager, Central Bank of India, MGM Higher Secondary School,Sector-4, B.S. City, Bokaro is directed to pay Rs. 1,50,000/- to the complainant within 60 days from receipt/production of the copy of this order, failing which complainant will be entitled to get interest on that very amount @ 10% per annum since 30.05.2022 (the date on which this case has been filed).

•  

(J.P.N. Pandey)

                                                                                      President

 

Sd/-

(B.P.L Das)

   Sr. Member