This C.C. is coming on before us for hearing in the presence of Sri. N. Naveen Chaitanya, Advocate for opposite party and complainant appeared in person; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following:-

O R D E R

(Per Sri. R. Kiran Kumar, Member, FAC President)

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

2.       The averments made in the complaint are that the complainant has deposited Rs.1,00,000/- in her account with instructions to the Branch Manager Mr. Babu Rao. D.V.L. to make fixed deposit in the name of her mother Mrs. V. Arunodaya, so that she can use money in her old age.  The complainant submitted that the Bank Manager of opposite party took her signatures in Blank Forms with assurance that he will fill the required details for her fixed deposit in her mother’s name, but fraudulently withdraw her money to make ICICI Prudential life insurance policy instead of fixed deposit.  The complainant also submitted that, the Branch Manager kept hidden from her, saying that the FDR will come from Vijayawada, application forms are with Head Office, so that she do not come to know about what he has done.  The complainant further submitted that after lot of inquiries and sending notices dt. 30-07-2013 finally she received the Bank Statement from ICICI on 07-02-2012 and came to know about the fraud and filed this complaint for Rs.1,00,000/- with interest.  The complainant also submitted that she had deposited Rs.50,000/- on 16-08-2008 in her savings account and also deposited Rs.50,000/- on the same day and requested to make Fixed deposit in her mother’s name.  The complainant further submitted that she came to know the fraud on 07-02-2012 when she received the Bank Statement from ICICI vide reference No.CSQG/001-060-900/2011-12, dt. 07-02-2012, opposite party has conducted unfair trade practice U/sec. 2 (1) (r) are of the consumer protection act by misleading her to believe that he is making fixed deposit as per her instructions.  There is severe deficiency in service on the part of opposite party for that she send notice to the opposite party through International Consumer Rights Protection Council  on  30-07-2013 but the opposite party did not respond as such the complainant approached this Forum.

3.       Along with the complaint, the complainant filed affidavit and photocopies of following documents; those were marked as Exhibits A1 to A5.

Ex.A1:-Photocopy of pay-in-slip (Nos. 2), dt. 16-08-2008.

Ex.A2:-Photocopy of Notice dt.30-07-2013 issued to the opposite party.

Ex.A3:-Photocopy of Reply given by the opposite party dt. 07-02-2012 along with statement of account of the complainant from 02-04-2008 to 02-01-2012.

Ex.A4:-Photocopy of mail correspondence between the complainant and opposite party.

Ex.A5:-Cheque for Rs.11,999.44 bearing No.518001, dt.08-3-2014 issued by opposite party.

4.       On receipt of notice, the opposite party appeared through their counsel and filed counter. In their counter the opposite party submitted that the opposite party Bank is a Banking company registered and incorporated under the companies act 1956, licensed bank under the provisions of Act 1947 of Banking, registered office at Vadodara, corporate office at Mumbai and its branch office at Khammam.  The opposite party submitted that the complainant approached their Bank and deposited an amount of Rs.50,000/- on 16-08-2008 and gave a debit authorization for ICICI prudential Life Insurance for her mother by name Smt. V. Arunodaya, and also on the same day complainant gave a cheque, and the same was cleared on 18-08-2008 on the account of the complainant. The amount of Rs.50,000/- was fixed deposited in the name of the complainant and the same was withdrawn by the complainant on 04-11-2009.  The opposite party also submitted that the averments made in the complaint are false and the complainant has fixed the deposit in her mother’s name so as to use the money in her old age, but as on the date 16-08-2008 the bank is not permitting or allowing to deposit the amount as fixed deposit in the name of the third person, as per the Bank norms the fixed deposit holder should have the account in ICICI Bank Ltd., without having in the account in the Bank the mother of the complainant shall not operate the account.  The opposite party further submitted that on 16-08-2008 the Manager of the Opposite party Bank obtained signatures of Smt. V. Arunodaya in an application form for ICICI Prudential policy, wherein, Smt. V. Arunodaya had mentioned her husband name as proposer/nominee for the said policy, basing on the debit authorization of the complainant, DDO’s taken from the account of the complainant on 16-08-2008, in favour of the ICICI Prudential Life Insurance Ltd. for the mother of the complainant.  The opposite party also submitted that the mother of the complainant joined in the life time gold policy, as per the said policy she has to pay an amount of Rs.50,000/- continuously for seven years, the policy holder has to pay regular untimely payment as per the terms and conditions of the policy.  When the policy holder fail to pay amount continuously for three years, the said policy will lapse automatically in this case the mother of the complainant failed to continue the policy, as such the Bank had returned the amount of Rs.11,999.44 through cheque vide no.534396, dt. 20-08-2011 as per the unit value.  The opposite party also submitted that the complainant is operating her account till date of filing of the complaint, as such the question of Rs.1,00,000/- fraud made by the opposite party does not arise, the relief sought by the complainant are observed vexatious, and not sustainable as such prayed to dismiss the complaint.  

5.       Along with their counter the opposite party filed the documents which are marked as exhibits B1 to B2.

Ex.B1:- Photocopy of Demand draft / pay order application form, dt.16-08-2008 along with receipt.

Ex.B2:-  Application Form of ICICI Prudential Insurance.

6.       Written Arguments of both parties filed.

7.       Heard Oral arguments from both sides.

8.       Upon perusing the material available on record, now the point that arose for consideration is,

1) Whether the complainant is entitled for the claim?

2) To What relief?

Point:-                  

1)      In this case the complainant is an account holder in the opposite party Bank, on 16-08-2008 she had deposited Rs.50,000/- and Rs.50,000/- in her savings account vide No.018301539699, to make Fixed Deposit in the name of her mother Mrs. V. Arunodaya.  She came to know that the opposite party Bank Manager had fraudulently and purposefully used her amount of Rs.1,00,000/- to make ICICI Prudential Life Insurance, instead of Fixed depositing the amount and the same was came to know by the complainant, when she received the Bank Statement from the opposite party vide reference CSQG/001-060-900/2011-12, dt. 07-02-2012. Having noticed that the amount was not fixed deposited, the complainant had given notice to the Bank, as the opposite party Bank failed to invoke positive response, the complainant filed this complaint.  

          Exhibit A3 is the reply of opposite party letter along with Bank Statement filed by the complainant.  No doubt the bank statement shows that complainant had deposited cash of Rs.50,000/- and the same was transferred to ICICI Prudential Life Insurance on the same day i.e. on 16-08-2008.  And also as per Exhibit A1 the complainant has deposited Rs.50,000/- through cheque on 16-08-2008 and the amount was credited to the account of the complainant on 18-08-2008. From there onwards also the complainant is regularly making transactions with the opposite party Bank and made withdrawals from ATM in the same month and also for the corresponding years 2009-10 and having knowledge about all the transactions. According to the counter filed by the opposite party, the complainant is operating her account even on the date of filing of the counter i.e. on 15-05-2014.  It is an admitted fact that the mother of the complainant filled the application and photo of her husband and his signatures in English also very much appeared at proposal column in the policy application form.  And also we observed that after withdrawing the fixed deposit on 31-01-2012 complainant sent a letter through International Consumer Protection Rights Council to the opposite party, for which, the opposite party issued detailed reply on 07-02-2012 along with account statement of the complainant which is marked as Exhibit A2.  After lapse of 18 months, on 30-07-2013 the complainant said to have issued another notice through International Consumer Protection Rights Council.  From the above we observed that  only put the complaint in limitation, the complainant relied on the document dt.30-07-2013 which is said to have been issued by International Consumer Protection Rigths Council, but she failed to produce any postal receipts to prove her contention.  From the above documents submitted by the both parties and material available on record we are of the opinion that, there is no substance in the contention of the complainant that the opposite party Bank made deficiency in service against the complainant and also this complaint is time barred as such this point is answered against the complainant.   

 And also we observed that the mother of the complainant / policy holder failed to pay the policy amount continuously for 3 years, as the policy is lapsed, the opposite party Bank returned the amount of Rs.11,999/- through the cheque vide No.534396, dt. 20-08-2011 as per unit value and the same was not encashed.  The opposite party Bank issued another cheque in the name of father of the complainant vide bearing No.518001 for Rs.11,999.44/- on 08-03-2014, which is filed by the complainant and marked as exhibit A5.  The opposite party Bank doing business with the amount of the mother of the complainant, for that they are liable to pay the amount with interest from 20-08-2011.

9.       In the result, the complaint is allowed in part directing the opposite party to pay the amount of Rs.11,999.44/- to the mother of the complainant with interest @9% per annum from 20-08-2011 till the date of actual payment.  

           Typed to dictation, corrected and pronounced by us, on this the 15^th        day of February, 2016.                                                           

                     FAC President              Member

District Consumer Forum, Khammam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant:-                                                     For Opposite party:-   

       -None-                                                                           -None-

DOCUMENTS MARKED:-

For Complainant:-                                                     For Opposite party:-   

FAC President               Member

District Consumer Forum, Khammam