As per Hon’ble President Mr. Atul Alshi.

1.         The complainant filed complaint case under section 35 of Consumer Protection Act against OP for non disbursement of the amount of Fixed Deposit Receipt alongwith interest amounting Rs.5,78,653/- which illegally withdrawal of amount as alleged on complaint by the manager by forged signature of complainant and thereby  claiming compensation and cost of litigation.

2.         The complainant was having four account with OP co-operative bank, current account no. 00400210000018, saving account no. 004002300000889, Fixed Deposit account no. 004003300000175 of Rs.5,00,000/- and another Fixed Deposit account no. 004003300000179 of Rs.8,00,000/-. On 19.12.2017 complainant has been transferred the amount of Rs.5,00,000/- from saving account for fixed deposit which is matured on 19.01.2019. The complainant due to illness could not approached to the bank for the withdrawal of fixed deposit. But on 20.09.2019 the complainant approached the bank and he came to know that the branch manager of OP bank has withdrawn the amount of fixed deposit and another fixed deposit bearing no. 004003300000179 of Rs.78,653/- by making forged signature. The total amount of complainant Rs.5,78,653/- was withdraw illegally. On 23.09.2019 the complainant lodged criminal complaint at Police Station Kamptee, Nagpur. After repeated demand the OP bank failed to pay the amount of Rs.5,78,653/- which was illegally withdrawn from complainant’s account and therefore the present complaint has been filed.

3.         The OP filed reply and denied allegations and submitted that the complainant has one saving account and current account with OP bank. The complainant opened two fixed deposit account of five lakhs and eight lakhs. The complainant has availed loan of Rs.4,50,000/- against fixed deposit of five lakhs on 19.12.2017 vide loan account no. 177/19 and loan amount was credited into saving bank account on 19.12.2017. The complainant has withdrawn Rs.4,49,000/- through self cheque bearing no. 12601 on 19.12.2017. As per request of the complainant loan account has been closed from another fixed deposit account and the amount of Rs.4,50,962/- was adjusted and remaining balance amount was transferred in complainant’s saving account and thereafter the complainant has withdrawn the amount of Rs.50,000/- through withdrawal slip.

4.         The complainant has also availed loan of Rs,7,20,000/- against fixed deposit on 30.12.2017 vide loan account no. 177/21 and said loan amount was deposit in current account on 30.12.2017. As per complainant’s request the loan account has been adjusted by premature fixed deposit account and amount of Rs.7,21,347/- adjusted into loan account and remaining amount of Rs.78,653/- has been withdrawn by complainant through debit voucher on 06.01.2018. The police station Kamptee has not taken any cognizance in respect of false complaint.  The complaint is barred by limitation. The complaint is not maintainable because account of complainant is for commercial transactions thus  nature of complaint is commercial. The complaint is afterthought has filed the complaint on false ground and without any reliable evidence. Therefore, the complaint is deserved to be dismissed.

5.         The counsel for complainant argued that the complainant has moved the criminal complaint at police station Kamptee  for withdrawal of the amount of fixed deposit by forged signature of branch manager and after several requests the OP bank, but OP bank failed to release the complainant’s fixed deposit with interest on amount of Rs.5,78,653/- and hence it amounts to deficiency of service.

6.          The counsel for OP argued that the cause of complaint arose on 2017-2018 and the complainant has been filed in the year 2021 is barred by limitation. The complainant has himself withdrawn and transfer the amount for satisfaction of loan, thereafter there is no deficiency in service on the part of OP. Hence. The case is liable to be dismissed with cost.   

7.               After hearing of case the following points arose for consideration.

POINTS

1. Whether the complainant is consumer?                       Yes.
2. Whether there is deficiency in service on the part of OP?    No.    
3. What order?                                   As per final order.

                             REASONING

8.         Point No. 1 to 3 – The complainant availed loan of Rs.4,50,000/- against fixed deposit of Rs.5,00,000/- and Rs.7,20,000/- against fixed deposit of Rs.8,00,000/-. The complainant has deposited the loan amount by premature withdrawal of fixed deposit and balance amount of Rs.5,00,000/- and Rs.78,653/- has been withdrawn as per procedure of withdrawal as per banking regulation act. The complainant failed to file reliable evidence in respect of forged signature of complainant by branch manager of OP bank by adducing evidence of finger print expert or any other reliable evidence on record to prove its defense as burden of proof lies primarily on complainant for the withdrawal of amount by false and forged signature, except oral submission. The police station Kamptee has not taken any cognizance of criminal complaint of illegal withdrawn of amount on signature of bank managers. Therefore, the complaint has no merit and liable to be dismissed as per following order.

ORDER

1. The complaint is dismissed with no order as to cost.
2. Copy of the order shall be given to both the parties, free of cost.