Punjab

Ludhiana

CC/22/9

Rupak Kumar - Complainant(s)

Versus

Indusind Bank - Opp.Party(s)

Rupak Kumar complainant in person

26 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 9 dated 14.01.2022.                                                  Date of decision: 26.10.2022.

 

Rupak Kumar, House No.399, Bajrian Mohalla, Nr. Div. No.3, Ludhiana-141008.

                                                                                      ..…Complainant 

•  

Indusind Bank Limited, BXXIV-4569, Sundarnagar, Ludhiana-141007.                                                                                           …..Opposite party

 

Complaint under Section 34 (1), 34 (2) (d), 35, 36 and 39 of the Consumer Protection Act, 2019.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Rupak Kumar in person.

For OP                           :         Exparte.

 

ORDER

PER K.K. KAREER, PRESIDENT

 

1.                In nutshell, the case of the complainant is that the complainant obtained a fixed deposit of Rs.1,00,000/-  from the OP vide FD account No.300711523271. The maturity amount of the said fixed deposit was Rs.1,01,639/-. The complainant was also availing one credit card against the said fixed deposit from the OP. On 03.04.2021, the complainant was in dire need of money and he approached the OP Bank for the encashment of the fixed deposit. However, the request of the complainant was rejected by the OP on the ground that he had some amount outstanding against his credit card. The complainant cleared all the outstanding amount in respect of his credit card and also requested the OP to close the credit card account but he was again directed to contact the OP branch. The complainant lodged a complaint under Resolver Case Reference No.RES7234839 following which he was given FD liquidation form on 14.04.2021 which was submitted on 15.04.2021 but the said form was again rejected and the complainant was asked to submit the same with Ferozegandhi Market credit card branch. Feeling aggrieved, the complainant lodged a complaint with National Consumer Helpline and also with Reserve Bank of India following which he was approached by the Nodal Officer of the OP on 04.05.2021 and the amount of the FD was released on 07.05.2021 without any compensation. This amounts to deficiency of service on the part of the OP which has caused lot of harassment and inconvenience to the complainant and the complainant was deprived of immediate encashment of his money lying in the fixed deposit. In the end, it has been requested that the OP be directed to provide Rs.60,000/- as compensation for deficiency of service and for causing mental harassment and agony to the complainant.       

2.                Upon notice, the OP did not appear despite service through registered post and was proceeded against exparte.

3.                In exparte evidence, the complainant submitted affidavit Ex. CA along with documents Annexure-A to Annexure-E which was gone uncontroverted.

4.                We have heard the complainant in person and have gone through the record.

5.                In this case, the grievance of the complainant is that he deposited Rs.1,00,000/- in the fixed deposit account No.300711523271. The complainant was also using a credit card issued by the OP Bank. As the complainant was in dire need of money and wanted to encash the FD on 03.04.2021 but he was told to first clear the outstanding amount in respect of his credit card which was linked with the fixed deposit. Even after the complainant cleared the outstanding dues in his credit card account, the FD was not encashed. The complainant made the complaints to National Consumer Helpline as well as Reserve Bank of India and only after that the amount of the FD was paid to him on 07.05.2021. The complainant has placed on record a statement of account in respect of the credit card which shows that he paid the outstanding amount of Rs.2845/- in his credit card account on 20.04.2021 but despite that the FD was not encashed. It has been stated in the complaint that the FD was finally encashed on 07.05.2021 after the complainant lodged complaint with National Consumer Helpline and Reserve Bank of India. In our considered view, this amounts to deficiency of service as the amount of the FD should have been paid to the complainant within a reasonable time from 20.04.2021 after he had cleared the outstanding due in his credit card account. Thus, there is a delay of about 16 days in the release of the FDR. The exparte allegations have gone unrebutted. In these circumstances, in our considered view, it would be just and proper if the OP is directed to pay a composite compensation of Rs.7,000/- to the complainant.

6.                As a result of above discussion, the complaint is partly allowed exparte with a direction to the OP to pay a composite costs and compensation of Rs.7,000/- (Rupees Seven Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:26.10.2022.

Gobind Ram.

Rupak Kumar V Indusind Bank                                     CC/22/9

Present:       Complainant Sh. Rupak Kumar in person.

                   OP exparte.

 

                   Arguments heard. Vide separate detailed order of today, the complaint is partly allowed exparte with a direction to the OP to pay a composite costs and compensation of Rs.7,000/- (Rupees Seven Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:26.10.2022.

Gobind Ram.