West Bengal

Bankura

CC/69/2017

Dinataran Bandyopadhyay - Complainant(s)

Versus

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

Self

28 Aug 2023

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 69/2017

             Date of Filing: 25/10/2017

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Ld. Advocate Gobinda N. Ghosal

For the O.P.:  Ld. Advocate Chitta Ranjan Banerjee

 

Complainant  

Dinataran Bandyopadhyay

Opposite Party

1. Branch Manager, UBI, Saltora
2. GM, UBI, Hemanta Basu Sarani, Kol-1

 FINAL ORDER / JUDGEMENT             

                                                                                                                                              

Order No.42

Dated:28-08-2023

Both paties file hazira through advocate.

The case is fixed for argument.          

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder:-

The Complainant’s case is that he being a Senior Citizen invested in Recurring Deposit Account with O.P. Bank No. being 0341100536745 commencing from 14/06/2012 and maturing on 14/03/2017 being the Matured value of Rs.7,30,320/- with condition of payment of monthly Recurring Deposit amount of Rs.10,000/- from his Pension A/c No. being 0341010112778 with the same Bank but at the time of maturity the Complainant received only Rs.7,09,841/- to his aforesaid A/c with deduction of Rs.6,962/- as penalty for premature withdrawal and Rs.12,417/- as the T.D.S. amount. In addition the Complainant has received  Rs.1,100/- less i.e. Transferred amount from R.D. A/c. Rs.7,09,841/- + Penalty Rs.6,962/- + T.D.S. amount Rs.12,417/- totaling Rs.7,29,220/-  which is short of Rs.1,100/- of the Matured Value of Rs.7,30,320/-

The Complainant on several occasion represented before the O.P. Authority for adjustment of his actual Maturity Value but of no avail.

O.P./Bank Authority contested the case by filing a written version taking so many pleas such as there is no standing instruction by the Complainant for deduction of Rs.10,000/- per month from his Pension A/c and R.D. A/c was to be closed prematurely as on 28/02/2017 on the advice of the Complainant for which Penalty of Rs.6,962/- has been deducted and that T.D.S. amount of Rs.12,417/- has been deducted on the accrued interest of the R.D. A/c. The O.P. has therefore prayed for dismissal of the case on these grounds.

                                                                                                                                                                                     Contd…..p/2

 

Page: 2

-: Decision with reasons: -

Having regard to the facts of the case, contention, submission and documents produced on both sides the Commission finds that it is a clear case of the Complainant that he opened aforesaid R.D. A/c with due instruction to the O.P. Authority regarding mode of payment and the O.P. has nothing to dispute the same.

The statement of Pension A/c of the Complainant shows that he has all along sufficient balance more than Rs.10,000/- during the R.D. period but the O.P. without instruction from the Complainant forced premature closure of the said R.D. A/c. as on 28/02/2017 on the plea that deduction amount of Rs.10,000/- will not be available in the maturing month i.e. on 14/03/2017 but the Statement of A/c. of the Pension Account shows that he has sufficient balance during the month March, 2017. So such plea of the O.P. Bank Authority cannot be accepted as it is absurd and baseless. R.D. A/c. is also a contract and the Bank Authority must obey the terms of the contract and they cannot add or alter to the same without  the instruction from the customer. Imposition of penalty of Rs.6,962/- for premature closure of R.D. A/c.  is therefore not tenable at all.

It is  so funny that the O.P. Authority is said to have deducted T.D.S. of Rs.12,417/- but there is no reflection of such deduction in 26AS Statement of the Complainant and the O.P. Authority  has also failed to produce even a scrap of document in support of such deduction.

At the time of hearing Ld. Advocate for the O.P. also could not explain as to non-payment of deficit amount of Rs.1, 100/- out of the Matured value.

In consideration of all the facts and circumstances and materials on record the Commission is of the firm view that the O.P. Authority has whimsically and arbitrarily deducted Rs.6,962/- as the Penalty for  premature closure of R.D. A/c. coupled with TDS deduction of Rs.12, 417/- and also non-payment of Rs.1, 100 /- towards the Matured value of Rs.7,30,320/-

The Complainant is therefore entitled to get Rs. (7, 30, 320/- - 7, 09, 841/-) i.e. Rs.20, 479/- from the O.P.

                                                                                                                                                                                   Contd……p/3

Page: 3

It is not a sheer miscalculation on the part of the O.P. Bank but it is an act of negligence, harassment and mental torture upon a Senior Citizen like the Complainant to deny him the benefit of the Matured value of his R.D. deposit proceeds. It is a fit case to award compensation of Rs.20, 000/- with Litigation Cost of Rs.10, 000/- upon the O.P. to compensate the loss and injury caused to the Complainant.

The case therefore succeeds.

Hence it is ordered……..

That the case be and the same is allowed on contest against the O.P.s.

The O.P.s are directed to pay to the Complainant Rs.20,479/- together with Compensation of Rs.20,000/- and Litigation Cost of Rs.10,000/- within forty five days from this date I/D law will take its own course. O.P.s may deduct admissible TDS if necessary at the time of release of the decretal amount subject to deposit of TDS with the Income Tax Department in 26 AS statement of the Complainant

Both parties be supplied copy of this Judgement free of cost.

 

   ____________________                   _________________               _________________

  HON’BLE   PRESIDENT               HON’BLE MEMBER            HON’BLE MEMBER