CC No.1204.2015

Filed on 26.06.2015

Disposed on.31.01.2018

BEFORE THE III ADDITIONAL BENGALURU URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU– 560 027.

DATED THIS THE 31^st DAY OF JANUARY 2018

CONSUMER COMPLAINT NO.1204/2015

PRESENT:

Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

        PRESIDENT

             Smt.L.MAMATHA, B.A., (Law), LL.B.

                      MEMBER

                                         V/S

ORDER

BY SRI.H.S.RAMAKRISHNA, PRESIDENT

1. This Complaint was filed by the Complainant on 26.06.2015 U/s 12 of the Consumer Protection Act, 1986 and praying to pass an Order directing the Opposite Party to furnish the Interest calculation details of Fixed Deposit No.110300226 and fur to pay the balance amount payable on that deposit, if any, to pay damages of Rs.50,000/- to the litigations and other reliefs.
2. The brief facts of the complaint can be stated as under:

In the Complaint, the Complainant alleges that the Complainant had Fixed Deposit with Opposite Party Bank in the Year 2003 in Deposit No.110300226 in her name for a fixed term and however, keeping in trust with the Opposite Party, the Complainant has not even collected the Original Deposit Receipt from the Opposite Party and thereafter even though the Deposit had matured long back, the Opposite Party has paid an amount of Rs.1,11,193/- to the Complainant after much delay on 11.11.2014 the Complainant could not understand how the interest has been calculated and the period as to from what date to what date, the Interest has been calculated. According to the Complainant, she is supposed to get more than Rs.2,00,000/- in her Deposit upto the date of payment.  In fact on the date of maturity, the Opposite Party ought to have informed the Complainant in writing to come and collect the Fixed Deposit amount with interest, but for the reasons best known to it, it has not intimated to the Complainant except paying the amount on 11.11.2014 after the Complainant went to the Opposite Party requesting it to pay the same, as the Fixed Deposit was already matured.  In this regard, the Complainant had requested the Opposite Party by issuing Notice on 29.11.2014, to furnish the details of the Interest calculation from the date of the Deposit till the date of payment to verify whether the interest has been calculated as agreed.  Even though the Opposite Party has received the Notice on 02.12.2014, till today, it has failed to furnish the same.  Hence there is deficiency of service on the part of the Opposite Party.   Hence this complaint.

3. In response to the notice, the Opposite Party No.1 put their appearance through their counsel and filed their version.  In the version pleaded that the Complainant had deposited a sum of Rs.54,120/- on 30.03.2003 under Fixed Deposit Receipt No.110300226 for a period of 5 years.    Keeping in trust with the Opposite Party Bank, the Complainant had not even collected the Original Deposit Receipt from the Opposite Party Bank is absolutely false, the Complainant had collected the amount of Rs.1,11,193/- on 11.11.2014.  The Legal Notice was issued by the Complainant on 29.11.2014, the Opposite Party had replied on 12.12.2014.  In the said reply the Opposite Party had clearly informed as to how the above said amount is arrived at and it was paid along with the documentary evidence.    The Fixed Deposit of Rs.54,120/- was made on 30.03.2003.  The said deposit was renewed on 23.05.2008 for a period of 3 years i.e., upto 30.03.2011. Subsequently, the FD proceeds were transferred to Overdue Deposits, since K.Y.C forms were not given to the Branch as per the RBI Guidelines.  The Opposite Party Bank had given 2 years’ time form 01.04.2010 to 31.03.2012 to comply with the K.Y.C forms as per R.B.I.Guidelines and issued notice to its Customers.   The Complainant never came to the Opposite Party Branch either for renewal nor provided KYC forms.  The Complainant had not furnished the Proof of Identity, Proof of present Address, Activity, Phone Number, Email ID and recent Passport size Photograph as required under K.Y.C norms as per RBI guidelines.  By applying the said guidelines,   the matured amount has been transferred to Overdue Deposits on 30.03.2011 since KYC Forms were not given.  Subsequently based on the letter given on 31.10.2014 and KYC forms provided on 10.11.2014.  The Opposite Party had issued the DD for the above said amount of Rs.1,11,193/- to the Complainant, which has been accepted by the Complainant without any objections.  Moreover the Complainant had given a Letter dt.31.10.2014 stating that “I have misplaced the Deposit Receipt 110300393.  So I request you to kindly close the Deposit receipt and issue the pay order”.  Further the Complainant had given a Letter of Guarantee dt.29.10.2014, indemnifying the Opposite Party and make good the loss to the Bank that may arise so doing and from payment of Original deposit receipt amount and all charges, expenses in connection with the said Deposit Receipt.  Absolutely, there is no cause of action for the above said complaint.  The present complaint is filed with an ulterior motive for monetary enrichment.  The Complainant has suppressed the material facts.  There is no deficiency of service on the part of the Opposite Party.  The Opposite Party Bank has followed well established norms, procedures and followed the circulars, guidelines issued by the RBI and its Central Office from time to time.  The Fixed Deposit proceeds are paid as per the norms of the Bank and no further interest is payable to the Complainant.  The statement of deposit account showing all the details, like amount, date of maturity.  Therefore the present complaint is liable to be dismissed.  Hence prays to dismiss the complaint.
4. The Opposite Party, Sri.Venkatesh S.Tapas filed his affidavit by way of evidence.   Heard the Arguments of Opposite Party.

5.      The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Party ?
2. If so, to what relief the Complainant is entitled ?

6.     Our findings on the above points are:-

                POINT (1):-  Negative

POINT (2):-  As per the final Order

REASONS

7. POINT NO.1:-  It is the case of the Complainant that the Complainant had Fixed Deposit with Opposite Party Bank in the Year 2003 in Deposit No.110300226 in her name for a fixed period.  The Opposite Party in their version have not disputed this fact, but even as looking into the allegations of the Complainant, it is crystal clear that the Complainant is suppressing true facts.  Since the Complainant has not mentioned what is the Fixed Deposit Amount as well as period made by the Complainant with the Opposite Party Bank. 
8. Further it is the case of the Complainant, the Complainant keeping in trust with the Opposite Party, the Complainant has not even collected the original Deposit Receipt from the Opposite Party and thereafter even though the Deposit had matured long back, the Opposite Party has paid an amount of Rs.1,11,193/- to the Complainant after much delay on 11.11.2014 the Complainant could not understand how the interest has been calculated and the period as to from what date to what date, the Interest has been calculated. According to the Complainant, she is supposed to get more than Rs.2,00,000/- in her Deposit upto the date of payment.  But this fact is denied by the Opposite Party Bank, it is on the burden of the Complainant to establish the same.  To substantiate her case, the Complainant produced the copy of the DD issued by the Opposite Party Bank infavour of the Complainant for a sum of Rs.1,11,193/- on 11.11.2014 and the Legal Notice dt.29.11.2014.  Except these documents, the Complainant has not placed any other evidence. 

9. On the other hand, the Opposite Party in their version have clearly pleaded that the Complainant had deposited a sum of Rs.54,120/- on 30.03.2003 for a period of 5 years.  The said deposit was renewed on 23.05.2008 for a period of 3 years i.e., upto 30.03.2011. Subsequently, the FD proceeds were transferred to Overdue Deposits, since K.Y.C forms were not given to the Branch as per the RBI Guidelines.  The Opposite Party Bank had given 2 years’ time form 01.04.2010 to 31.03.2012 to comply with the K.Y.C forms as per R.B.I. Guidelines and issued notice to its Customers.   The Complainant never came to the Opposite Party Bank either for renewal nor provided KYC forms.  Therefore, by applying the said guidelines, the matured amount has been transferred to Overdue Deposits on 30.03.2011 since KYC forms were not given.  Subsequently based on the letter given on 31.10.2014 and KYC forms provided on 10.11.2014.  The Opposite Party had issued the DD for the above said amount of Rs.1,11,193/- to the Complainant, which has been accepted by the Complainant.  Moreover the Complainant had given a Letter dt.31.10.2014 stating that “I have misplaced the Deposit Receipt 110300393.  So I request you to kindly close the Deposit receipt and issue the pay order”.  The Complainant had given a Letter of Guarantee dt.29.10.2014, indemnifying the Opposite Party Bank and also issued Reply to the legal notice on 12.12.2014.  In the said reply, the Opposite Party had clearly informed as to how the above said amount is arrived.  In support of their defence, Sri.Venkatesh S.Tapas, in his sworn testimony, he has reiterated the same and produced the Statement of Account of FDR No.110300226 in the name of Smt.B.P.Chandrakala i.e., the Complainant.   The request letter dt.31.10.2014.  The letter of guarantee dt.29.11.2014 and the Reply Notice dt.12.12.2014.  As the evidence placed by the Opposite Party-Bank, it is crystal clear that the F.D amount of Rs.54,120/- for a period of 5 years i.e., on 30.03.2003 to 28.05.2008 and the said F.D receipt was renewed for another 3 years i.e., upto 30.03.2011 and as on the maturity date on 30.03.2011.  The matured amount to the Complainant i.e., Rs.96,860/-. Since the Complainant has not furnished KYC forms and also has not renewed the FD Deposit as per the guidelines and norms of the RBI.  The Opposite Party Bank has transferred the said amount to Overdue Deposits on 30.03.2011 and from 30.03.2011 they charged interest at the rate of 4% p.a. and on 31.10.2014 the Complainant given a request letter to the Opposite Party requesting the F.D.receipt was misplaced and requested to close the F.D Receipt and issue pay order.  Based on that letter and after furnished the KYC forms and taking Guarantee Letter from the Complainant on 29.10.2014 the Opposite Party Bank had issued the DD for a sum of Rs.1,11,193/- the said amount was received by the Complainant without any objections.   This evidence of the Opposite Party-Bank has not been denied or disputed by the Complainant.  If the Complainant had any grievance with the Opposite Party-Bank at least she could have receive the DD with under pretext but it is not so.  Furthermore as alleged in the complaint even FD receipt not collected in trust keeping with the Opposite Party Bank.  In that event, what is the necessary for the Complainant to give a request letter on 31.10.2014 stating that her FD receipt was misplaced and requesting to close the FD receipt and also in support of that request letter she also issued a guarantee letter dt.29.10.2014.  This evidence it clearly falsifies the contention taken by the Complainant that she had not collected even FD receipt keeping in trust with the Opposite Party Bank and further more as looking into the evidence placed by the Opposite Party Bank and also the defence it clearly falsifies the contention of the Complainant that the Complainant could have get more than 2 Lakhs in her deposit up to the date of payment, even in that regard also the Complainant has not placed any evidence and also as alleged by the Complainant after much delay on 11.11.2014 the Opposite Party has paid an amount of Rs.1,11,193/- but the Complainant has not produced any evidence to support her contention.  The Opposite Party Bank caused delay by issuing DD for a sum of Rs.1,11,193/- on 11.11.2014, thereby it is crystal clear that the Complainant has not approached this Forum with clean hands but she has suppressing true and material facts.  On the other hand, as stated in the defence, the Opposite Party Bank have clearly mentioned that the Complainant fails to furnish the KYC forms as per the guidelines of RBI only on the basis of the letter request and the guarantee letter and after furnishing the KYC forms the Opposite Party Bank had issued DD for a sum of Rs.1,11,193/- and also in the reply notice they have clearly mentioned that how the arrived that figure.  Therefore, there is no delay in maturing payment and matured amount, thereby absolutely there is no deficiency of service rendered by the Opposite Party Bank as alleged by the Complainant.  The Complainant fails to prove the alleged deficiency of service by the Opposite Party.  Hence, this point is held in the Negative. 

10. POINT NO.2:- In the result, for the foregoing reasons, we proceed to pass the following order:-

ORDER

The Complaint is dismissed. No cost. 

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 31^st day of January 2018).

        MEMBER                                          PRESIDENT

LIST OF WITNESSES AND DOCUMENTS

 Witness examined on behalf of the Complainant:

                             -NIL-

 List of documents filed by the Complainant:

1. Copy of Demand Draft.
2. Copy of Legal Notice.
3. Postal receipt.
4. Postal acknowledgement.

Witness examined on behalf of the Opposite Parties:

1. Sri.Venkatesh S.Tapas, Senior Manager of Opposite Party by way of affidavit.

List of documents filed by the Opposite Party:

1. True copy of Statement of Account of FDR No.110300226 in the name of Smt.B.P.Chandrakala.
2. True copy of Circular No.A.101 to A.10.4 of the Opposite Party Bank.
3. True copy of Section-5 of KYC guidelines for the existing customer.
4. True copy of Important Notice to the Customers.
5. True copy of Letter of Guarantee dt.29.10.2014 given by the Complainant.
6. True copy of Request letter dt.31.10.2014 given by the Complainant.
7. True copy of Legal Notice dt.29.11.2014.
8. True copy of Reply dt.12.12.2014.

  MEMBER                                                                           PRESIDENT