Per Shri Dhanraj Khamatkar, Hon’ble Member
This appeal takes an exception to an order dated 23/05/2011 passed by District Forum, Central Mumbai in consumer complaint No.124/2010.
2. The facts leading to this appeal can be summarized as under :-
The original complainant/appellant is having a Saving Bank Account. He has deposited an amount of `4,92,000/- on 12/07/2010 in said account and opponent/Bank had issued him a Fixed Deposit Receipt No.008057300017502 with ‘Sweep in facility” which can be drawn from the ATM. He again deposited an amount of `2,16,989/- and converted the same into Fixed Deposit for which opponent/Bank has issued him a Fixed Deposit Receipt. However, sweep in facility was not applicable to this Fixed Deposit. It is contended by the complainant/appellant that on 14/08/2010 he had gone to the ATM for withdrawing the amount. However, on the screen, it appeared that funds are insufficient. It is further contended by the complainant/appellant that on 15/08/2010 he again tried to withdraw the amount. However, it is reflected that in his account there is balance of `8.10 only. According to the complainant/appellant with a sweep in facility, even the amount in his first Fixed Deposit should have been reflected in the account and he should have been able to withdraw the amount. It is further contended by the complainant/appellant that he had tried to withdraw the amount on 17&18/08/2010. However, in his account, balance is shown as `8.10 only. Further, the complainant/appellant again contended that he went to the Bank on 18/08/2010 and given a cheque of `24,000/- for encashment. However, said cheque was not encashed stating that there is no sufficient balance in his account. The complainant/appellant further stated that he had filled up a form for withdrawing the amount from his Fixed Deposit and deposited the same in his saving bank account. Then only, the amount of the Fixed Deposit was credited in his account. The complainant/appellant contended that he was having a sweep in facility. However, he could not withdraw the amount from his account, when the opponent/Bank had given him the sweep in facility for first Fixed Deposit amount. When the amount was not shown in his account where the amount of Fixed Deposit had gone? Alleging this as deficiency in service on the part of opponent/Bank, he has filed a consumer complaint praying therein that the opponent/Bank is deficient in service and prayed that opponent/Bank may please be directed to pay an amount of `18 Lakhs towards compensation for mental torture, `20,000/- for expenses and `1,80,000/- as compensation towards legal expenses.
3. The opponent/Bank had contested the complaint by filing written version contending that the complaint is baseless and denied all the allegations made by the complainant in the complaint and rejoinder. The opponent/Bank admitted that the complainant/appellant had deposited an amount of `4,92,000/- in Fixed Deposit on 12/07/2010 for a period of 36 months & five days and Fixed Deposit was linked with his Saving Bank account. Again opponent/Bank admitted that the complainant/appellant has deposited an amount of `2,16,989/- on 05/08/2010 for a period of 60 months in Fixed Deposit. However, this Fixed Deposit was not linked with the Saving Bank account, since he has not opted for that facility. They have also admitted that the clear balance in the Saving Bank account of the complainant was `8.10 only on 13/08/2010. The opponent/Bank further stated that the complainant/appellant had tried to withdraw `1,000/- from the ATM on 15/08/2010 at 1224 p.m. and also at 1226 p.m. However, since the system was under maintenance mode during 0230 hours to 1615 hours on 15/08/2010 the transaction could not be processed. The opponent/Bank contended that no request for withdrawal was attempted at the ATM on 14, 17&18/08/2010 by the complainant as alleged. The complainant/appellant had only printed a mini-statement on 17-18/08/2010 and the balance at that time of printing of mini-statement was `8.10 in his Saving Bank account which got printed on the transaction slip. Since it is an account specified printing, said balance did not include the balance in the Fixed Deposit account. As regards withdrawal of amount on 18/08/2010 at the Teller counter, the complainant was told that he did not have adequate balance in his account. The opponent/Bank clarified that no one can check the balance in the account without logging into the system and querying on specific account number. While doing so, these transactions get captured in the system and the opponent/Bank states that no such query was made later at the Teller counter pertaining to the account of the complainant/appellant. In support of their contention, they have filed a copy of Internal Register showing details of all such entries as evidence. It is further contended by the opponent/Bank that on 18/08/2010 the complainant/appellant requested for premature closer of the Fixed Deposit which was processed and Fixed Deposit proceeds inclusive of interest were credited to his Saving Bank account. Therefore, opponent/Bank prayed that complaint is baseless, without any substance and hence, may please be dismissed.
4. District Forum after going through the complaint, written version filed by the opponent/Bank, rejoinder filed by the complainant, evidence filed by the parties on affidavits and pleadings of both the parties, came to the conclusion that there is no deficiency in service on the part of the opponent/Bank and dismissed the complaint. Being aggrieved by the said order, original complainant has preferred the present appeal.
5. We heard appellant in person and Mr.Ashutosh Marathe, Advocate for the respondent.
6. Admittedly, the appellant/complainant is a senior citizen and respondent/Bank has graded him as a ‘Classic Customer’. The appellant/complainant is having a Saving Bank Account in the respondent/Bank. It is an admitted fact that on 12/07/2010 he has deposited an amount of `4,92,000/- in Fixed Deposit account and opted for sweep in facility for the said Fixed Deposit whereby he can withdraw the amount of Fixed Deposit from the ATM. Admittedly, on 05/08/2010 he has again deposited an amount of `2,16,989/- and the same was transferred to the Fixed Deposit account. However, for the said Fixed Deposit, there is no sweep in facility. Admittedly, appellant/complainant had tried to withdraw the money from the ATM on 14/08/2010, 17/08/2010 & 18/08/2010. However, he could not withdraw the amount. It is the argument of the respondent/Bank that there was no request by the appellant for withdrawal of the amount from ATM on 14/08/2010, 17/08/2010 & 18/08/2010. What the appellant did, he tried to get print mini-statement and as he has opted for min-statement, balance in saving bank account at the time of printing of the mini-statement appeared on the mini-statement. In support of the fact that appellant had not tried to withdraw the amount, the respondent/Bank has adduced ATM Log which does not show that the Card was even inserted in the ATM machine.
7. The next allegation of the complainant/appellant is that on 18/08/2010 he tried to withdraw the cash of `24,000/- at the Teller counter, but he was told that he did not have adequate balance in his account. The respondent/Bank had repudiated the same by filing affidavit stating therein that no one can check the balance in the account without logging into the system and querying on the specific account number. While doing so, these transactions get captured in the system and it is the pleading of the respondent/Bank that no such query was made at the Teller counter pertaining to the account of the appellant/complainant. The respondent/Bank had produced copy of Internal Register showing details of such entries. However, name of the appellant does not appear in the said Register.
8. It is the pleading of the appellant/complainant that unless he knows the balance in the account, how he can attempt to withdraw the amount? No doubt, the appellant was aware about balance of his account. After getting a mini-statement he has not attempted to withdraw the amount from his account by following proper procedure. As regards query of the appellant that when the balance in the mini-statement is shown as `8.10 where the amount of Fixed Deposit deposited by the appellant had gone? Time and again, the respondent/Bank tried to contend that the appellant has never tried to withdraw the amount. Had he tried to withdraw the amount and he would not have able to withdraw the amount, then it would have been a deficiency in service on the part of the respondent/Bank.
9. From the evidence produced by the respondent/Bank, it is crystal clear that the appellant/complainant has not made any attempt to withdraw the amount and when he requested to encash the amount of Fixed Deposit, the amount appeared in his Saving Bank Account. District Forum after going through the facts and circumstances of the case had passed the order and we do not find any infirmity or illegality in the order passed by the District Forum. The appellant/complainant miserably failed to prove his case. There is no substance in the appeal. We hold accordingly and pass the following order :-
-: ORDER :-
1. Appeal stands dismissed.
2. The order of the District Forum is hereby confirmed.
3. Parties to bear their own costs.
4. Copies of the order be furnished to the parties.
Pronounced
Dated 30th October 2013.
