DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT AT AMRITSAR, PUNJAB.

 

Complaint Case No : RBT/CC/2018/131

Date of Institution : 20.02.2018/29.11.2021

Date of Decision : 05.07.2022

Smt. Anu Arora W/o Sh. Raman Arora R/o 1, Police Lines, Amritsar. …Complainant

Versus

1. HDFC Bank, Mall Road Branch, Amritsar through its Branch Manager.

2. HDFC Bank, Head Office, 1st Floor, C.S. No. 6/242, St. Senapati Bapat Marg, Lower Parel, Mumbai-400013 through its authorized signatory. 

…Opposite Parties

Complaint under The Consumer Protection Act

Present: Sh. Deepinder Singh Adv counsel for complainant.

Sh. Ramesh Chander Sharma Adv counsel for the opposite parties.

Quorum.-

1. Sh. Ashish Kumar Grover : President

2. Sh. Navdeep Kumar Garg  : Member

(ORDER BY ASHISH KUMAR GROVER PRESIDENT):

    The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant filed the present complaint under Consumer Protection Act against HDFC Bank, Amritsar and another. (in short the opposite parties). 

2. The facts leading to the present complaint as stated by the complainant are that she was running a saving Account No. 01151000216660 with the opposite party No. 1 since last seven years. On 3.5.2016 she has received a cheque of Rs. 62,00,000/- out of sales property of her property and planned to made an fixed deposit of Rs. 60,00,000/-. The relationship manager of the bank has closed her previous saving account and to have the credit of this bulk deposit he opened a fresh saving Account No. 50100148182086 by transfer the balance of previous saving account to newly opened account. He got signed some forms for account opening and for fixed deposit from the complainant which she signed in good faith. The complainant asked to make the fixed deposit for three years with auto renewal clause. But when the complainant gave written request for account statement on 25.11.2017 she was surprised to notice that her saving account has been credited with Rs. 64,14,595/- against the maturity of her fixed deposit on 4.5.2017 without giving any intimation to the complainant and thus funds of the complainant remained in saving account for 205 days i.e. from 4.5.2017 to 25.11.2017 causing loss of interest of Rs. 1,34,800/- on fixed deposit on Rs. 60,00,000/- for a period of six months and twenty one days with difference of rate of interest of 4% per annum i.e. 7.50% on fixed deposit and 3.50% on saving account without any fault of the complainant. The complainant has not received any FD receipt, any bank statement since new account opened monthly or quarterly statement of her saving account, any SMS for credit of fixed deposit proceeds in her saving account and if complainant would have intimation by any mode from bank she would have renewed the same before loosing the interest. The complainant also written to Grievance Redressal Forum of HDFC Bank through email number of times but to no effect. Hence, the present complaint is filed seeking the following relief.-

1) The complainant should be compensated with loss of interest of Rs. 1,34,800/- which complainant suffered due to negligence of bank employee.  

3. Upon notice of this complaint, the opposite parties filed written version taking preliminary objections that the complainant has not come to this Commission with clean hands and concealed material facts from this Commission. The present complaint is an abuse of process of law and complainant is estopped by her own act and conduct to bring the present complaint.

4. On merits, it is correct except the fact that relationship manager of the bank got the signatures of the complainant on the blank forms. The complainant is a well educated lady and wife of a Chartered Accountant. The complainant has asked for a fixed deposit of Rs. 60,00,000/- to be made for a period of 12 months with strict instructions to not to be renewed with principal and interest and maturity value of the said fixed deposit was credit automatically as per bank routine in her saving account. The fixed deposit payin slip in this regard was signed by her and the form was filled strictly according to her instructions. The bank is always ready and happy to open a fixed for a longer period. The funds in saving account remained after the maturity of the said fixed deposit which fact was conveyed to her on completion of fixed deposit period. There is no deficiency in service on the part of the bank. The Grievance Redressal Forum of the bank after inquiry had informed the complainant that her FD was booked with maturity instructions as Do Not Renew. The complainant has not suffered any loss of interest of Rs. 1,34,800/- due to negligence of bank employee. Lastly, the opposite parties prayed for the dismissal of the present complaint with costs.

5. In support of her complaint, the complainant tendered into evidence her affidavit Ex.C-1, copy of account statement Ex.C-2, copy of communication Ex.C-3, copy of certificate from CA Karanpreet Singh Bhatia Ex.C-4 and closed the evidence. 

6. To rebut the case of the complainant, the opposite parties   tendered in evidence affidavit of Amardeep Singh Branch Manager Ex.OP-1, documents Ex.OP-2 to Ex.OP-7 and closed the evidence.  

7. We have heard the learned counsel for the parties and gone through the record on the file. 

8. It is admitted fact between the parties that the complainant is having a Saving Account with the opposite party No. 1. It is also admitted by the opposite parties that they opened a fresh Saving Account of the complainant and transfer the balance of previous saving account to newly opened saving bank account. It is also admitted by the opposite parties that the complainant had got a fixed deposit of Rs. 60,00,000/- with the opposite parties. 

9. Learned counsel for the complainant argued that the main dispute between the parties is that the complainant made the fixed deposit for three years with auto renewal clause but opposite parties only after one year deposited the maturity amount of the said FDR in the saving account of the complainant on 4.5.2017 without informing her. This fact came to the knowledge of the complainant on 25.11.2017 when she has taken the account statement. In this way the complainant has suffered a loss of interest of 205 days amounting to Rs. 1,34,800/- for which opposite parties are liable.

10. On the other hand learned counsel for the opposite parties argued that the complainant herself asked for the FDR for 12 months with strict instructions not to be renewed with principal and interest and maturity value of the fixed deposit was credit automatically as per bank routine in her saving account. The fixed deposit payin slip in this regard is duly signed by the complainant so there is no fault of the opposite parties. The complainant also not produced on the file the copy of FDR to prove her case. Therefore, there is no deficiency in service and unfair trade practice on the part of opposite parties . 

11. The main document in the present complaint is copy of Fixed Deposit Pay in Slip Ex.OP-7 signed by the complainant. We have perused this document carefully. In this document the complainant filled the column of Do Not Renew which proved that she never wanted to renew her FDR for further period. It is also written in the said slip that amount has been deposited for 12 months. On the other hand complainant failed to produce any evidence to prove her case even she has not produced the copy of FDR. This document Ex.OP-7 is duly signed by the complainant and verified by the bank authorities. In this way, the opposite parties credit the maturity amount of the FDR as per the wish of the complainant as mentioned in Ex.OP-7, so there is no deficiency in service or unfair trade practice on the part of the opposite parties. 

12. In view of the above discussion, there is no merit in the  present complaint and same is dismissed. However, no order as to costs or compensation. Copy of the order will be supplied to the parties by the District Consumer Disputes Redressal Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

        5th Day of July 2022

 

 

            (Ashish Kumar Grover)

            President

              

(Navdeep Kumar Garg)

Member