Per Shri Atul Alsi, Hon'ble President.

1. The complainant has filed complaint case u/s.35 of Consumer Protection Act, 2019 against O.P. for refusal to provide compressive cumulative monitoring benefits and compensation @18 p.a. on SB+cumulative balances from complainant account from 5.2.2015 to 21.6.2019 and thereby claiming compensation and cost of litigation.

The story of  the case:-

2. The complainant has saving bank account bearing no.10199557141 with O.P.-bank from dated 15.10.2003.  In the month of January-2015 the complainant came to know that the O.P.-bank has been providing additional facility of SB+saving account with monitory benefit with minimum balance of Rs.25,000/- therefore submitted application on dated 4.2.2015 with OP-bank for SB+saving. The OP-bank assured the said facility w.e.f. 4.2.2015 and will get the due benefits from the date of submission of application by passage of time the benefit of SB+saving account have been denied. The complainant further submit in the complaint that the O.P.-bank has also denied the monetarily benefit for the application filed on 2.5.2017. The complainant has received SMS on 23.6.2019 that complainant account has been activated with SB+saving from 22.6.2019 but the O.P. failed to activate the account from 4.2.2015 and failed to compensate the monitory benefit and losses @18% p.a. which is applicable as per rules and regulation SB+saving account. As per op bank reply to the applicant under RTI 5.11.2019 that the amount of Rs.42,814/- has been credited in the complainant’s account on dated 2.12.2019 as difference of interest amount during the period 4.2.2015 to 21.6.2019 instead of monitory benefit of interest @18% p.a. from 4.2.2015 therefore it is unfair trade practice on the part of op bank and therefore the present case is filed.
3. O.P.No.1 & 2 filed reply and denied the allegation and submitted that the cause of action arose on dated 4.10.2015 and complaint is filed in August 2020 therefore complaint is barred by limitation under the Consumer Protection Act., 2019 complaint is not maintainable as there is no deficiency of service has been provided by O.P.No.1 and 2.  The complainant has not filed any document proof regarding interest @ 18 p.a. payable under SB+saving. The O.P.No.1 has credited the interest amount of Rs.42,814/- for the period 5.2.2015 to 21.6.2019 as per prevailing fix deposit interest rate for the relevant period of time in complainant account by rightly calculating the interest and the calculating sheet has been provided to the complainant. The complainant has neither visited the bank nor supplied the application to convert saving account in to SB+saving facility alleged to be submitted with O.P.No.1 on dated 4.2.2015.  SB+saving bank account link to MODS wherein surplus fund above a fresh limit from saving bank account is transfer automatically to term deposit. MODS stands Multi Optional Deposit Scheme, the minimum fresh hold limits for SB+saving account is Rs.25,000/-. The complainant has fail to submit the conversation of account from application filed with op bank on 4.2.2015 but when the complainant visited to op bank in 23.6.2019 and on oral request op no.1 has converted the account saving account to SB+saving and issued SMS to that effect.  The complainant has failed to file 18% interest on SB+saving account. Therefore the compliant has no merit in the case and liable to be dismissed with cost.
4. Counsel for complaint argued that the op 1 and 2 bank has failed to pay the interest rate @18% for the period 5.2.2015 to 21.6.2019 @18% p.a. from the cause of action arose 4.2.2015 when the complainant moved application for conversation account from SB account to SB+saving account does amount to deficiency in service there compliant may be allowed.
5. The counsel for O.P.No.1 and 2 argued the compliant haves barred by limitation complaint is not maintainable because subject matter requires to elaborate evidence and cannot be decided as summery proceedings. The O.P.No.1 credited  interest amount of Rs.4,28,450/- in axing of complaint 5.2.2015 to 21.6.20169 as per prevailing interest at relevant time and complaint failed to submit any circular of Reserve Bank of India, @18% interest as a cumulative is payable 4.2.2015 to 21.6.2019 therefore the case deserve to be dismissed with cost.

Reasoning.

6. The complainant submitted that complainant had applied for conversation of saving bank account  to  SB+saving account on 4.2.2015 by filing application with O.P.-bank but the complainant has failed to file any receipt of copy of application dated 4.2.2015 with O.P.-bank or before this Commission. On the other hand on oral request the O.P.1-bank converted account from saving account to SB+saving account on dated 23.6.2019 and SMS to that effect has been issued.  SB+saving bank account link to MODS wherein surplus fund above a fresh limit from saving bank account is transfer automatically to term deposit. MODS stands Multi Optional Deposit Scheme. The minimum fresh hold limits for SB+saving account is Rs.25,000/-. It means excess amount of Rs.25,000/- will be transfer. The O.P.-Bank is Nationalised bank and governs by the Reserve Bank of India directions and monitory policy and banking regulations Act 1949. The bank has credited the difference amount to the interest of Rs.42,814/- from dated 4.2.2014 to 21.6.32016 at prevailing rate of interest as per the Reserve Bank of India as per document filed on record by O.P. with pursis dated 17.1.2023.  The complaint has failed to file appropriate evidence in respect the prevailing rate of interest was 18% for saving bank saving plus account.  The complainant had neither visited the bank nor supplied the proof of application to convert saving account in to SB+saving facility on dated 4.2.2015. Therefore there is no negligence on the part of O.P.No.1 and 2.     
7. From dated 4.2.2015 to 21.6.2019 O.P. replied to various applications filed by complainant under Right to information and made several complaints to that effect with public authorities.  In spite of every time when the O.P.No.1 bank has issued the necessary reply and explanation at several times. The complainant has filed the present complaint which has no merit prima facie on record therefore the complaint is dismissed with cost of Rs.10,000/- to be paid to the O.P.-bank  as false and frivolous complaint as per following order.

ORDER

1. Complaint is dismissed with cost.
2. Complainant shall pay Rs.10,000/- to the O.P.No.1 and 2 towards cost of litigation for false and frivolous complaint  
3. Copy of order be furnished to both the parties, free of cost.