JUDGEMENT

        In the present case complainants by filing this complaint has alleged that being allured and assured by the op’s Officers and Agent, they opened an Savings Bank A/C jointly with her husband and made a fixed deposit along with her son Kaushik Guha Thakurta for a sum of Rs.25,000/- on 27.12.2008 for 12 months and 15 days with a maturity amount of Rs.27,708.62/- on 11.01.2010 bearing F.D. A/C No. 04784410007542.

          On maturity complainant along with her son submitted endorsed instructions with letter dated 14.01.2010 to deposit the maturity amount into the S.B. A/C of the complainant bearing No. 04781570000596 and also reported by registered post with A/D and demanded for refund of F.D. forcibly renewed for another 12 months and 15 days as it was stated that it was automatically made.  Subsequently on the next maturity on 10.02.2012, complainant demanded refund of her F.D. and clearly instructed not to reinvest or renew the said fixed deposit in any circumstances.  But again op sent fresh F.D. showing deposit Rs.32,345/- being the 2^nd maturity amount with 3^rd maturity amount of Rs.35,668.68/- dated 25.02.2012.  But such sort of part on the part of the op is completely illegal, highly provocative and unfair trade practice.  In the circumstances, complainant has prayed for directing the op to refund the F.D. amount with all interest and for compensation etc.

          On the other hand the op by filing written statement submitted that no doubt complainant invested Rs.25,000/- for fixed deposit for tenure of 12 months and 15 days commencing from 27.12.2008 to 11.01.2010 having maturity value of Rs.27,708.62/- with an instructions redeem principal and interest and thereafter the matured amount was further reinvested for the said period commencing from 11.01.2010 to 26.01.2011 having maturity value of Rs.29,632.99/- and again it was reinvested for the same period.  But it is submitted that the complainant has suppressed the total fact and another fact is that they are enjoying an overdraft facility by making the F.D as lien before HDFC Bank to the tune of Rs.18,750/- and further complainant opted for super saver account facility wherein her money is kept under fixed deposit which will earn interest and if any financial requirement arises without breaking fixed deposit, money also will be available as an overdraft in the said super saver account for utilization as and when needed.

          Further it is submitted by the op that on or about 26.12.2008 a request was made by the complainant no.1 to the op for opening a Super Saver Account with her son, complainant no.2 and the photocopy of the said letter will prove that and further said form was duly signed by the complainant.

          It is further submitted that super saver account is a zero balance overdraft account which is linked with a fixed deposit in the name of the account holder and an overdraft limit is set in the account depending upon the account of the fixed deposit.

          Practically the complainants want to get dual facility and benefits available in the Super Saver Account the complainant requested the op to open super saver account and invested Rs.25,000/- for F.D. against F.D. A/C No. 04784410007542 to be kept as security having lien towards the overdraft granted to the complainant for a tenure of 12 months and 15 days and further while fixed deposit lined and having lien on the super saver account cannot be closed by the deposit holder without discontinuing the super saver account and moreover no such request is made by the complainant for discontinuing the super saver facility and the amount invested by the complainant by way of F.D. No. 04784410007542 dated 27.12.2008 with the op is held safely and earning applicable interest rates on fixed deposit to which complainants are entitled too and the said fixed deposit amount of the complainants can be claimed at any point of time but only after discontinuing the super saver account overdraft facility duly complying with the requirements as per process to be fulfilled by the complainants.  But as because no request for discontinuation of super saver account facility the fixed deposit standing in the name of the complainants renewed after expiry of every 12 months and 15 days as a security for the overdraft facility.  In the circumstances, the complaint should be dismissed.

                                             Decision with reasons

          On in depth study of the complaint and written version and particularly the argument as advanced by the Ld. Lawyers of both the parties, we have gathered very perfectly that complainant opened a Fixed Deposit A/C of Rs.25,000/- being No. 04784410007542 and it is fact that it was matured and thereafter it was renewed and still it is being renewed and invested and her benefit accrued from time to time and any way the complainant is getting interest and it is safe no doubt.

          But fact remains that there is another account which is Super Saver Account for getting overdraft facilities and overdraft facility is in respect of Rs.18,750/- and Super Saving A/C Number is 04781500004651.  It is fact that at present the fixed deposit is lien against the super saver account and no doubt after consulting the entire documents of the bank as filed it is fact that the fixed deposit is undisturbed and it is being renewed and interest is being accrued regularly and it is no doubt in safe custody of the op and complainant has not been losing any interest, rather the figure has been increased day by day. 

          However the main contention of the complainant is that he never applied for Super Saver Account for getting overdraft facilities.  But anyhow from the document as filed by the bank, it is found that the complainant singed in the said Super Saver Account Application Form.  Whatever it may be, it is found that Super Saver Account stands in the name of the complainants.  Then question is how the complainant shall have to get the relief.

          In this regard we have heard the argument of the Ld. Lawyers and although written version of the op including their -------------- it is found that op perfectly stated if Super Saver Account is closed by the complainant, then the complainant shall have to get the maturity amount and no doubt as per Banking Rules, Super Saver Account shall be closed by the complainant and considering the present complainant’s version and allegation it is proved that complainant is not aware of Super Saver Account.  But when it stands in the name of the complainant we find the matter may be easily disposed by directing both the parties to settle as per direction of the Forum and on the basis of the assurance of the op Bank as given in the written version and evidence in chief and in the result accordingly this complaint is disposed of finally by passing such order.

          Hence, it is

                                                       ORDERED

          That the complaint be and the same is allowed on consent of the op but without any cost.  Complainant is directed to file an application before the Bank Authority for closing of the Super Saver Account and Bank Authority shall be closed it at once without any further such application and after adopting such necessary process for closing down the Super Saver Account stands in the name of the complainants.