IN                                          IN THE COURT OF DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION

WEST SINGHBHUM AT CHAIBASA

                                    Present: - 1. Sri Vijai Kumar Sharma, President,

                                     2. Sri Rajiv Kumar, Member,

                                      3. Smt. Deoshree Choudhary, Member.

                                                         C. C. Case No.04/2019

Chaibasa, Dated: 20.07.2022

Smt. Bimla Kumari, Office Assistant District Co-operative Office Chaibasa District West Singhbhum, Jharkhand…………………..…Complainant

Vs.

Branch Manager, Punjab National Bank Chaibasa Branch District West Singhbhum, Jharkhand ……………………………...…………Opposite Party

Learned Counsel for the Complainant………….Self

Learned Counsel for the Opposite Party…………..Uday Shankar Vidyarathi (Since dead)

Judgment

     Complainant Smt. Bimla Kumari has filed instant case against O.P. Punjab National Bank through Branch Manager Chaibasa Branch for an award of Rs.43107.00 including compensation towards physical and mental harassment caused by O.P. and also for deficiency of service.

     Briefly stated case of the complainant Smt. Bimla Kumari, Office Assistant District Co-operative Office Chaibasa District West Singhbhum, Jharkhand is that she has opened a Recurring Deposit in the Branch of Punjab National Bank Chaibasa Branch for depositing Rs.5000.00 regularly and maturity of the aforesaid Recurring Deposit Account was on 3^rd December 2018.  Further that on 19^th November 2018 she received an SMS from the Bank with information that her Recurring Deposit Account is being matured on 3^rd December 2018 and also that she should contact the concerned Bank.  On receiving such SMS she approached Bank O.P. on 1^st December 2018 and filed a petition with request to transfer her maturity amount in her Savings Bank Account.  Further that instead of depositing maturity amount on 03.12.2018 Bank has transfered the amount on 1^st December 2018 before maturity date and due to such action of the Bank she suffered loss of interest to the tune of Rs.23107.00.  Further that she again gave petition to the Bank on 3^rd December 2018 to correct the amount but the Bank did not taken any step in this regard and thereafter she has filed instant case with prayer to pass an award against the O.P. for loss of interest, compensation towards physical, mental and economic harassment.

     After admission notice was issued to the O.P. who has appeared and show-cause has been filed on behalf of O.P. on perusal of the show cause it appears that O.P. has expressed his intention to contest the case by taking several legal as well as ground of facts but some facts has been admitted by the O.P. Bank, it has been admitted that complainant has a Savings Bank Account bearing Account No.1073000100100217576. Further that besides Savings Bank Account complainant has also opened a Recurring Deposit Account No.10773008101896721 which was going to mature on 3^rd December 2018.  Further it has been admitted that complainant has visited physically Bank Branch on 30.11.2018 and application was filed expressing her desire to transfer the amount from her Recurring Deposit Account to her Savings Bank Account but it has been stated on behalf of O.P. that she has been persuaded by the Bank staff not to close the Recurring Deposit Account before maturity date but she insisted to close the Recurring Deposit Account then on 01.12.2018 O.P. Bank transfered the amount from Recurring Deposit Account to Savings Bank Account as per instruction of the complainant.  Further that such transfer has been done on the instructions of complainant from Recurring Deposit Account to Savings Bank Account.  Further it has been stated by the O.P. that complainant has not mentioned in her application that amount shall be transferred on date of maturity or thereafter.  So due to fault of the complainant she has sustained loss as shown in complaint petition and Bank is not responsible in this regard.  Further that as per Banking law maturity amount is payable on or after the date of maturity otherwise no maturity amount will be payable to the account holder.  Further that Bank has performed his duty with due care and caution and same was informed to the complainant through SMS and after receiving of SMS complainant again came to the Bank Branch and submitted an application which was received on 28.12.2018 by the Bank and demanded statements of account which was provided to the complainant.   Further that prior to filing of the instant case no legal notice has been served upon the contesting O.P. so far as legal ground is concerned ground of maintainability of case under law and facts and case of the complainant has been mentioned as false and mysterious which is not maintainable in the eye of law and finally prayer has been made to dismiss the case with cost as complainant is not entitled to get any relief.

     In support of the case complainant has filed her affidavited evidence along with documentary evidence which are as follows: -.

1. Original Savings Bank Account Pass Book which has been marked as exhibit 1, which is in the name of Complainant herself.
2. Xerox copy of the letter dated 30.11.2018 submitted to Branch Manager Punjab National Bank Chaibasa Branch by the complainant Bimla Kumari which has been marked as exhibit 2.
3. Xerox copy of the letter dated 03.12.2018 written to Branch Manager Punjab National Bank Chaibasa Branch which has been marked as exhibit 3.
4. Print copy of SMS sent in the Mobile Phone of complainant on 19.11.2018 in two pages which has been marked as exhibit 3(A) and 4.

     On the other hand affidavited evidence of Mr. Sishir Kumar Xalxo Branch Manager Punjab National Bank Chaibasa Branch has been filed in support of the Show-Cause in addition to that print copy of RBD (Resource) HO, Circular No.81/2017 dated 25.10.2017 and Rules of Resourcing deposit scheme have also been filed on behalf of the O.P. evidence adduced on behalf of both sides shall be discussed at the time of giving finding of this case.

FINDING

     On perusal of the complaint petition show-cause filed by the O.P., affidavited evidences and documentary evidence as well as admitted fact by O.P. it is clear that complainant of this case has opened Recurring Deposit Account bearing No.10773008101896721 which was to be matured on 03.12.2018.  Further that she received SMS from Bank O.P. informing that her Recurring Deposit Account is being matured on 03.12.2018 and she was advised to visit or contact branch for renewal of Recurring Deposit, after receiving such information through SMS complainant made contact with O.P. Bank and a petition has been filed by her with request to transfer her Recurring Deposit amount in her Savings Bank Account No. bearing.1073000100100217576.  Such petition was filed on 30.11.2018 which was received by the Bank on 01.12.2018 along with seal of Bank which has been marked exhibit as 2 complainant has also filed original pass book for perusal of this case which has been marked exhibit 1 and Xerox copy of the SMS has been submitted which has been marked exhibit 3 and 4 further that on 03.12.2018 when she came to know that total amount of the Recurring Deposit has not been transferred by the O.P. rather Rs.23107.00 has been deducted by the O.P. then again she approached  Bank  O.P. and filed written complaint for depositing the balance amount in her Savings Bank Account because she has not been paid total amount of the Recurring Deposit including interest and such petition has been filed by the complainant on 03.12.2018 which was received by the Bank or concerned person on 28.12.2018.  On perusal of written statement /Show-cause opening of Recurring Deposit Account by the complainant is admitted fact and Bank has also admitted this fact that after deducting the panel interest of the Recurring Deposit , rest amount has been transferred in saving bank account of Complainant

     Further we find that Complainant has supported her complaint case in her affidavited evidence and O.P. has examined Branch Manager Sishir Kumar Xalxo in support of the show-cause.  Complainant has made allegation that after receiving SMS she visited Bank and on the advice of Bank Employee / Staff she wrote a petition for transferring Recurring Deposit Amount to her Savings Bank Account.  Further that she has not mentioned in the petition that amount should be transfeedr on the date mentioned in the petition.  On the other hand reply of the O.P. is that she was advised by the Branch Manager and Bank Staffs not to request for transfer of amount before maturity but she insisted for transfer the amount on the same date.  This fact has been stated by the Branch Manager in his affidavited evidence in para 4, 5 and 6 but it is worthy to mention that Branch Manager has taken name of one Bank Staff Basant Boipai that in his presence Branch Manager has given advised to the complainant about not insisting to transfer amount prior to maturity date but such witness has not be examined by the O.P. side.  Further in para 3 the witness Sishir Kumar Xalxo has stated that complainant herself has approached the Bank suo moto to transfer the amount of Recurring Deposit in her Savings Bank Account but it worthy to mention that exhibit 4 show that complainant was in receipt of massage from the O.P. Bank regarding maturing of Recurring Deposit on 03.12.2018 and she was also advised to contact Bank for needful.  So contents of para 3 in the affidavited evidence of O.P. witness cannot be relied keeping in view the exhibit 4.  Further petition dated 30.11.2018 goes to show that complainant has nowhere stated that her Recurring Deposit amount should be transfered on the date of giving of petition.

     Had she been advised by the Bank for transferring the amount on 03.12.2018 and if it is not done so then, panel provision will be applied on Recurring Deposit amount then as prudent man complainant must have not taken such decision.  Further from the perusal of exhibit 1 we find that on 01.12.2018 Rs.355671.00 has been credited in the Savings Bank Account of the complainant, while in the petition dated 03.12.2018 she has made complaint that her maturing amount of Recurring Deposit is Rs.378778.00 total deducted amount lies Rs.23701.00 which amount is not in dispute or O.P. has not raised any objection regarding such claimed amount.

     So far as circular of the Punjab National Bank O.P. is concerned in para 9 mentioned has been made about premature closer of the Recurring Deposit and sub-para it has been mentioned as follows:

     “In case of premature closer within a month no interest shall be paid to the customer”.

     We are of the view that above mentioned sub-clause shows that if any Recurring Deposit is opened by the customer and the same is closed within month then interest will not be paid to the concerned customer but in the instant case fact is different.  Recurring Deposit Account of the complainant of this case was going to be matured on 03.12.2018 and she has given petition for transferring the maturity amount from Recurring Deposit Account to Savings Bank Account on 30.11.2018 which can be  understood that intention of the complainant was not to brake the Recurring Deposit amount rather her intention can be gathered that she was not interested for renewal of Recurring Deposit that is why she has given such petition otherwise her Recurring Deposit maturity amount may have been renewed by the Bank.  Such intention is clear from the fact that there is no any urgent cause was shown by the complainant in her petition dated 30.11.2018 which might compel her to brake her Recurring Deposit Account 3 days before maturity date.

     On the basis of above discussion and finding we have come to the conclusion that in support of the case complainant adduced her affidavited evidence and documentary evidence which are original pass book issued in the name by the Punjab National Bank in which credit amount of 01.12.2018 has been mentioned.  Further Xerox copy of the petition dated 30.11.2018 complaint petition regarding deduction of the interest dated 03.12.2018, document regarding SMS massage received on the complainant’s mobile phone from O.P. Bank have been filed.  On the other hand O.P. has adduced Sishir Kumar Xalxo in support of the show-cause.  The person named by Sishir Kumar Xalxo that is Basant Boipai at the time of conciliation was present has not been produced in this case as witness.  Further there is contradiction on affidavited evidence of Sishir Kumar Xalxo with exhibit 4 which is SMS massage.  Conveyed to complainant from Bank side.

     As per the SMS massage complainant was directed to contact the Bank while Sishir Kumar Xalxo has stated in para 3 of his affidavited evidence that complainant herself has made contact to the Bank.  Further circular submitted on behalf of the Bank also does not favour to the Bank particularly in the situation that Recurring Deposit was broken by the O.P 3 days before from the maturity date and it was the duty of the Bank Staff to take written consent that she wants to brake the her Recurring Deposit, 3 days prior to the maturity date which has not been done by the O.P. side.

     In view of above facts and circumstances we are of the considered opinion that complainant has proved her case and she is entitled for getting relief in this case.

     Accordingly it is therefore.

ORDER

     That the case of the complainant is decreed on contest against the O.P. and the O.P. is directed to pay Rs.23107.00 @ 9% per annum from the date of filing till final realization.  Further O.P. is also directed to give Rs.20000.00 as compensation towards mental and physical harassment of complainant within thirty days from the judgment communicated to him.  Let copy of this judgment be furnished to both parties free of cost for their information and compliance.

(Rajiv Kumar)           (Smt. Deoshree choudhary)               (Vijai Kumar Sharma)

    Member                              Member                                          President