Content of the complaint petition is that the complainant Gopal Chandra Das had deposited an amount of Rs. 20,000/- in a special term deposit bearing certificate no 0840352 on 23.07.2012 at the rate of interest 8.75% per annum for the period of 97 months to the OP No 1 State Bank of India, Mangalbari Branch with effect from 20.07.2012 and due on 20.08.2020. After completion of the term on 30.09.2021 the complainant drew the STDR Certificate he found to his surprise that there was no record found in the computer system of the branch. The complainant lodge complaint to respondent No. 1 and in reply vide memo no BM-22-21 dated 11.03.2022 OP 1 informed the complainant that account has been closed automatically mentioning no date of closing the account. The OP no 1 admits in letter No BM-22/21 dated 11th March, 2022 that Rs. 20,000/- has been credited to complainant’s SB account 03958083991 on 20.07.2012. The Respondent No 1 falsely claimed that complainant had declared not to debit the money from SB Account to STDR Account. The complainant informed the matter to the OP Bank several times for redressal but in vain. After repeated prayer to the OP the complainant having found no alternative knocked the door of this commission for relief. The complainant came here with a prayer to direct the OP bank to pay a sum of Rs. 50,000/- as compensation and Rs 50,000/- for litigation and other cost to the complainant.
Decision with reasons
Points to be decided whether there is any deficiency in service by OP?
This commission carefully perused the complaint petition and evidence in writing by the complainant and other testimony.
Now admitted position having properly summoned the OP appeared before this commission and contested the case. Both parties filed Written Version, affidavit-in-chief and Written Notes Argument.
We, the commission find that the complainant files a complaint to ombudsman. The ombudsman rejected this complain under clause 16(2) of the RBI. It is fact that complainant deposited Rs 20000 for STDR, Bank SBI Mangalbari branch issue STDR certificate dated 23/07/12. The maturity date of said certificate 20/08/20 and maturity amount of certificate is Rs. 40269/- Complainant wrote a letter to Mangalbari branch manager on 30/09/21. Branch replied that the account was not funded and subsequently the account has been closed automatically. OP did not inform the complainant about this fact during this tenure. We, the commission find that it is latches of bank. On evidence of testimony of complainant submitted document this commission has no alternatives but to hold that there is deficiency in service on part of OPs and complainant their by is entitled to get relief as asked for on moderate manner.
Hence ordered,
that the case be and same is allowed.
OPs are directed jointly or severally to pay the complainant the rate of interest 8.75 % on Rs 20,000/- as entitled for 97 months from 20.07.2012 to 20.08.2020 and Rs 1000/- for compensation for harassment and mental agony.
Complainant is at liberty to put an execution of the final order of this commission as per provision of CP Act 2019.
Let a copy of order be supplied to the parties free of cost.
