Haryana

Yamunanagar

CC/826/2012

Gurdeep Singh S/o Bhagat Singh - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Yogeshwar Attari

13 Jun 2016

ORDER

BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM YAMUNA NAGAR JAGADHRI

 

                                                                                    Complaint No. 826 of 2012.

                                                                                    Date of Institution: 06.08.2012

                                                                                    Date of Decision:13.06.2016

Gudeep Singh aged 48 years son of Shri Bhagat Singh, resident of village Peeruwala, Post office Bilaspur, tehsil Bilaspur, Distt. Yamuna Nagar.                                                                                                                                                                                                            

                         ..Complainant

Versus

 

1.         Punjab National Bank, Head office:7, Bhikaji Kama Place, New Delhi 110066 through its Managing Director.

2.         Punjab National Bank, Regional Office: Chhata Building, Kurukshetra Road, Pipli, Distt. Kurukshetra, through its Regional Manager.

3.         Punjab National Bank, Branch office Bilaspur, tehsil Bilaspur, Distt. Yamuna Nagar through its Branch Manager.

 

                                                                                                              ..Respondents.

Before: SH. ASHOK KUMAR GARG …………….    PRESIDENT

            SH. S.C. SHARMA  …………………………MEMBER  

 

Present: None for complainant.

              Sh.Atul Jaiswal, Advocate, counsel for respondents.

 

ORDER   

1.                     The complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986. 

2.                     Brief facts of the present complaint, as alleged by the complainant, are that the father of the complainant Shri Bhagat Singh purchased FDR No.RTL-046196 under Multi Benefit Deposit Scheme for Rs.50000/- on 7.4.2000 which was to be matured on 7.4.2007 and the total amount to be paid on maturity was Rs.99,820/-.  The said amount was deposited by the father of the complainant secretly and never disclosed this fact to the complainant.  On 8.12.2008, father of the complainant expired and when the complainant was cleaning his house, he found two FDRs in original one in the name of complainant and another in the name of his mother Smt. NIranjan Kaur.  From the perusal of the said FDRs, the complainant came know that the said FDRs have already been matured on 7.4.2007 and the complainant was entitled to receive the amount of maturity, so he requested the OP No.3-bank to release the amount of FDR but the OP No.3-bank always put off the matter on one pretext or the other.  As the OP No.3-bank has not released the amount of FDR despite so many requests, so there is deficiency in service on the part of the Ops.  Hence, this complaint.

3.                     Upon notice, Ops-Bank appeared and filed its written statement by taking some preliminary objections such as  there is no deficiency in service on the part of the Ops-bank as the said FDR has already been matured on 7.4.2007 and the entire amount of the FDR had been transferred in the account of the complainant 10.4.2007and further the same has been withdrawn; and on merits it has been submitted that late Bhagat Singh had obtained a FDR from the bank in the name of complainant which was to be matured on 7.4.2007.  Amount of the said FDR, after its maturity, was paid to the complainant on 10.4.2007 out of total amount an amount of Rs.22427/- was transferred in his saving account no.18690 and remaining amount Rs.76252/- was adjusted towards demand loan taken by him in regard to account No.D/L-0232.  It has been further submitted that both the FDRs were encashed by the complainant and Smt. Niranjan Kaur on the basis of lost FDRs.  This fact was told to the complainant but for the best reason known to him, he filed this false complaint and lastly prayed for dismissal of complaint.

4.                     Complainant failed to file any evidence despite so many opportunity being last, so the evidence of the complainant was closed by court order on 22.3.2016.  However, at the time of filing of this complaint the complainant filed his short affidavit and photo copy of FDR dated 7.4.2000 as annexure C.1.

5.                     On the other hand, counsel for the OPs Bank tendered into evidence affidavit of Sh. Harpal Sandhu, Manager as RW/A, copy of account statement bearing account no.18690 as annexure R.1 and copy of statement of account bearing account No.D/L-0232.

6.                     We have heard the learned counsel for Ops parties and have gone through the pleadings as well as documents placed on file very carefully and minutely.

7.                     The only version of the complainant is that his father Sh.Bhagat Singh obtained two FDRs without his knowledge, one in the name of complainant and second in the name of his mother Smt. Niranjan Kaur amounting to Rs.50000/- on 7.4.2000 which was to be matured on 7.4.2007 and the maturity amount was Rs.99820/-.  However, father of the complainant expired on 8.12.2008 and when the complainant was cleaning his house, he found two original FDRs then he immediately approached the OP no.3 bank and requested them to release the maturity amount but official of OP No.3-bank refused to release the same and lastly prayed that Ops be directed to release the amount along with interest.

8.                     On the other hand, counsel for the OPs Bank argued that maturity amount Rs.99820/- had already been released to the complainant and draw the attention towards statement of account bearing no.18690 as annexure R.1 and D/L-0232 as annexure R.2 and lastly prayed for dismissal of complaint.

9.                     After hearing the counsel for the Ops and going through the documents, we are of the considered view that there is no deficiency in service on the part of OPs Bank.  From the perusal of the account statements as annexure R.1 & R.2, it is clearly evident that an amount of Rs.76252/- was credited in the loan account no.D/L-0232 of the complainant on 10.4.2007 on account of said FDR bearing no.6363 and amount Rs.22427/- has also been credited in his saving account no.18690 on the same day i.e.10.4.2007 on account of the same FDR i.e. 6363.  As such when the maturity amount Rs.99820/- has already been credited/deposited by the bank in the above said accounts then how the complainant claim the maturity amount of the FDR again.

10.                   Resultantly, in view of the circumstances noted above, we are of the considered view that the complainant has failed to prove any deficiency in service on the part of the Ops-bank, hence, we have no option except to the dismiss the present complaint.  Accordingly, the same is hereby dismissed with no order as to costs. Copies of this order be sent to the parties concerned free of costs as per rules.  File be consigned to the record-room after due to compliance.

Announced in open court.      

Dated: 13.06.2016.

                                                                                    (ASHOK KUMAR GARG)

                                                                                       PRESIDENT

 

 

                                                                       

                                                                                    (S.C. SHARMA)

                                                                                          MEMBER