JUDGEMENT

        Complainant by filing this complaint has submitted that being allured by the agent door to door canvassing programme of the op and also getting specific promises and assurances to help the complainant in all Banking jobs.  Complainant was compelled to open Saving Bank Account No.04781570000596 dated 05.03.2008 with initial deposit of Rs.2,500/- which was acknowledged and intimated by the op by letter dated 06.03.2008 but no pass book was ever issued on repeated request.  Further complainant made a fixed deposit of Rs.2 lakhs with the op Bank by his A/C Payee cheque in their favour being Fixed Deposit No.04784410006332 as New Deposit Sr. Citizen made for 12 months 15 days from 24.10.2008 with maturity date 08.11.2009 bearing a maturity amount of Rs.2,23,919.56/-.

          Further it is submitted by the complainant that he requested the Bank Manager Abhik Mukherjee by a letter prior to maturity date to deposit the maturity amount to complainant’s Saving Bank A/C but op defied the instruction and instead of that they intimated to the complainant that the said FD was renewed for another 1 year 15 days from the said date of maturity falling on 22.11.2010.  But complainant ignored that on the ground that demand of the complainant was for refund but that was ignored by the op and thereafter complainant prayed for refund of the said maturity amount but op was silent.  Subsequently on 10.06.2011 complainant enquired about fate of the fixed deposit (FD) amount and also its details.  When it was found that it is noted that redeemed on 08.11.2009 and immediately on same day on 10.06.2011 complainant sent letter to the op to explain what is the meaning of redeemed and to inform saving bank detail statement whether same has been deposited but the letter was returned with op’s endorsement informing that total maturity amount was Rs.2,22,490.51/-  has already been paid on 08.11.2009 and the amount was deposited in the complainant’s account.

          Further on 13.06.2011 complainant demanded information as to the fate of the FD but that too was returned by same endorsement.

          Complainant further submitted practically by adopting some illegal method the renewed fixed deposit (FD) was subsequently cancelled, was redeemed and it was shown as deposit on 08.11.2009 but that is not correct.  But in the mean time op has enjoyed the said amount invested and income but complainant has been deceived by the op from getting further interest @ 12% P.A. and in the above circumstances complainant has prayed for refund of the said amount including interest till the date of their information on 10.06.2011 that was redeemed and prays for compensation etc.

          On the other hand op by filing written statement submitted and also admitted that complainant invested of Rs.2 lakhs for fixed deposit for 12 months 15 days amounting from 248.10.2008 to 08.11.2009 and having maturity value of Rs.2,30,919.59/-.  It is alleged that at the time of making fixed deposit maturity instruction was to redeem the principal and interest on maturity.

          As per the maturity instruction the complainant redeemed principal interest on the date of maturity that is 18.11.2009, the maturity amount was credited in the saving bank account being No.078193000187 of the complainant after deduction of TDS i.e. Rs.2,22,490.61/- and was credited in the account of complainant and the said matured amount was credited in the savings bank account of the complainant what reveals from the statement of the account of the said savings bank of the complainant.

          If the said statement of account of savings bank of the complainant is examined it will reveal that pending balance in the said account dated 08.11.2009 was Rs.3,603.73 paise and on 08.11.2009 only one transaction happened in the account of the complainant that is credit of Rs.2,22,490.61/- with a narration “Principal and Interest auto redeem 047544100063332”.  Further it is submitted that next transaction of the said account of complainant happened on 18.11.2009 wherein cheque no.0298294 was issued by the complainant in favour of Sunita Basu for Rs.15,000/- which was debited from the account and that is fact as available on record what speaks for itself i.e. the account of the complainant’s opening balance on 08.11.2009 was Rs.3,176.98/-.  Thereafter no amount was debited in the account of the complainant till 18.11.2009.  Then how can an account holder issue a cheque of Rs.15,000/-.  Subsequently if there was no sufficient fund in the said account and it is clear that the complainant is well aware of deposit of the maturity amount of fixed deposit on 08.11.2009 in his S/B A/C.

          In the above circumstances, op has submitted the entire case is false and fabricated and in fact only for the purpose of taking some extra money from the bank the case is filed.

                                      Decision with reasons

          On careful consideration of the entire fact as alleged by the complainant and also considering the argument as advanced by the Ld. Lawyers of both the parties including the defence taken by the op for its written version we have gathered that everything is admitted fact that complainant deposited Rs.2 lakhs as fixed deposit, complainant has one saving bank account bearing No.04781930001871.

          But complainant’s allegation is that on the date of maturity of his fixed deposit vide no. 04784410006332 was not credited on the date of maturity on 08.11.2009.  But op has submitted the statement of account of savings bank of the complainant lying with the ops bank and wherefrom it is found that on 08.11.2009 a sum of Rs.2,22,490.61/- was deposited to the account of the complainant and it is fact that on 18.1.2009 to 09.12.2009 complainant issued seven cheques, one to Sunita Basu, four to CESC, one to BSNL and one cheque dated 09.12.2009 was to Manick to the extent of Rs.10,000/-.  But from the statement of account it is also found that when the fixed deposit amount was credited in the present account of the complainant on 08.11.2009 thereafter total balance of the said savings bank account was Rs.2,26,094.34/- that means prior to deposit of Rs.2,22,490.61/- the balance in the savings bank account of the complainant was meager only that means prior to deposit of fixed deposit amount Rs.2,26,094.34/- total balance in the savings account was only Rs.3,606.73/-.

          But peculiar fact is that this complainant knowing fully well that in his savings bank account balance was Rs.3,606.73/- up to 07.11.2009.  Then how he had issued a cheque of Rs.15,000/- to Sunita Basu account on 18.11.2009 that means complainant was well aware of the fact that his balance savings account as on 07.11.2009 was 3,603.73/- and when he was confirmed that his fixed deposit has been credited on 08.11.2009 then the figure was increased when he issued a cheque of Rs.15,000/- to Sunita Basu on 18.11.2009.  That means complainant was well aware of the fact that his fixed deposit amount had already been deposited on 08.11.2009 and being satisfied about the balance in his savings account he issued a cheque of Rs.15,000/- and if the fixed deposit would not be credited in the account in that case the cheque issued by the complainant in favour of Sunita Basu for a sum of Rs.15,000/- on 18.11.2009 shall not be honoured.  Not only that during 18.11.2009 to 09.12.2009 he issued one after another cheque in favour of CESC, BSNL and Manik and others and lastly to Manick to the extent of Rs.10,000/- and practically subsequently on 31.12.2009 a sum of Rs.1205.19/- was credited.  Thereafter his closing balance became Rs.200495.53/-.

          In view of the above position of the savings bank account of the complainant we are confirmed that this complainant some reasons or for his loss of memory at the age of 80 failed to realize that his fixed deposit amount was properly credited but fact remains that some amount was not credited in view of the fact that was deducted as TDS.  But truth is that the bank authority did not send any such letter informing the complainant that TDS had been deducted to the extent of that for which the balance amount of the maturity fixed deposit was deposited and particularly for not getting proper information complainant was misguided by very tricky persons for which present complaint was filed and it is the fault of the octogenarian person and no doubt he has been misguided and for which complaint was filed.  But truth is that complainant has not been deceived by the op but amount was properly deposited on the date of maturity what complainant enjoyed the same after issuing so many cheques in favour of the BSNL, CESC and one Manick and all the cheques had been honoured anyhow the balance is Rs.200495.53/- as on 31.12.2009.

          In this context it is mentioned that this complaint was filed on 23.03.2012 whereas the savings bank account statement of the complainant reveals that on 08.11.2009 the maturity amount of the fixed

deposit after deduction of TDS was credited to the extent of Rs.2,22,490.61/-.  Thereafter up to 31.12.2009 complainant used the amount which was noted in the said savings bank account of the complainant.  Then question is what was the cause of action for filing this complaint on 23.03.2012 after lapse of two years and apparently this complaint was filed after lapse of two years from the date of actual cause of action and factional matrics is that there was no cause of action and in the complaint all stories as disclosed has not supported any over act of the op and for which this complaint fails.

          Hence, it is

                                                     ORDERED

That the complaint be and the same is dismissed on contest without any cost against the op.