J U D G M E N T
Sri Rama Chandra Das, President - The complainant has filed this complaint under section 12 of C.P Act with prayer to direct the OP for payment of (1) interest of Rs.10,000/- each on two polices (2) the deficit of Rs.38,000/-(3) litigation cost Rs.20,000/- and (4) compensation of Rs.4,00,000/- for mental agony and harassment.
The case of the complainant is that on 7.4.2003 vide receipt No.38363976776 & on 15.4.2003 vide receipts No. 38363976800 & 38364562201 deposited Rs.10,000/- each totaling Rs.30,000/- for 10 years in four time multiplication. On 26.12.2003 the OP convented these deposits to another scheme with further deposit of Rs.5000/- vide receipt No.38363632607 totaling Rs.35,000/- After its maturity in the year 2013 he applied to get the deposits but he OP did not take any step. He again on 4.10.2013 went to OP and asked for the payments of the deposits to treat his mother. The OP did not listen to pay the deposits even approach was made for 20 times. His mother was shifted to SCB Medical for treatment on 13.11.2013 but died on 16.11.2013. He also approached for payment of deposits to spend in mothers obsequies ceremony but in vein. On 29.11.2013 when he applied under RTI Act the OP gave cheque amounting Rs.1, 02, 265/- but received the same with objection that he is entitled to get Rs.1,40,000/- with interest of 7 months for delay.
The complainant also had deposited Rs.10,000/- on 11.10.2002 vide receipt No.38363634192 under 4.5 scheme maturing on 11.10.2012 . But the OP converted it to Silver year Labh Jogana on 31.10.2003 without his knowledge. On date of maturity i.e. 11.10.2012 the matured amount was not disbursed by the OP. At last on 19.4. 2014 the OP paid Rs.38,603/- due lto which he suffered loss of Rs.10,000/- due to non payment for 18 months. As the matured amount was not paid even for the treatment of his mother land caused mental agony and harassment by the OP. The complainant filed this case with the prayer as mentioned above.
The OP filed the written version with xerox copies of accounts stating that the complaint is baseless and involves complicated and complex question of law which can be determined by Civil court and is not maintainable in the Forum. The complainant has received prematurity payment on 31.10.2006 so the deposit stands discharged and the account has been closed, so the complainant is not the consumer. The complainant has not come with clean hands and suppressed the material facts. It is fact that the complainant deposited Rs.10,000/- each in aforesaid receipts totaling Rs.30,000/- but convented those deposits to Silver year Labh Jojana on 26.12.2003 with on interest and further deposit of Rs.5,000/- totaling Rs.37006/- in account No.12659204686 with the OP. As per the scheme it is 10 years tenure maturing on 26.12.2013 with maturity value Rs.95,994/- In the month of November, 2013 the complainant requested the OP for payment of his money with interest and applied on 26.11.2013 the complainant received Rs.1,02,265/- the pre matured amount through cheque No.013201 so there was no harassment or delay from the side of OP.
It is also fact hat the complainant deposited Rs.10,000/- vide receipt No.38363634192 under Sahara 10 scheme on 11.10.2002 with the OP but on 31.10.2003 the complainant reinvested the above deposit with accrued interest amounting Rs.10,691/- in Flexible scheme to avail secured loan and accidental insurance. The complainant availed the secured loan on 15.2.2006 and 15.3.2007 against this account. In April 2014 the complainant applied for maturity amount and received matured amount of Rs.38,603/- vide cheque No.414617 on 19..4.2014 after deduction of Rs.1397/- The balance of secured loan availed by him. There is no such scheme under the OP to quadruple the deposit amount in 10 years. After understanding the terms and condition of the scheme the complainant has re-invested his money. The OP has provided the service to the customer to their full satisfaction and there is no deficiency of service in their part. The present complaint has been filed on baseless ground which may be dismissed with cost.
On the above pleading of the parties the following issues are framed for the decision of this case.
Whether the complaint is maintainable ?
2. Whether there was any deficiency of service on the part of the Op for payment of deposited amount with interest to the complainant ?
3. Whether the complainant is entitled for any relief as claimed by him ?
The complainant in support of his case filed his evidence on affidavit and relied on the xerox copies of documents filed with the complaint. The OP filed his evidence on affidavit and relied on the xerox copies of the documents filed along with the written version and on 21.10.2004.
Findings
Issue No.2 : It is admitted fact that a new account No.12659204686 was opened under Silver yuear Labh Yojana by the complainant after merger of three deposits of Rs.10,000/- each with its interest and new deposit of Rs.5,000/- totaling Rs.37006/- with the Ops branch for a tenure of 10 years i.e. till 26.12.2013. The complainant states that though his account was matured in the year 2013 the OP did not pay the amount for the treatment of his mother. As per the tenure of above account was to matured on 26.12.2013 but as per the OP the complainant applied for prematured amount in month of November, 2013 and prematured amount of Rs.102,265/- has been paid to the complainant on 26.11.2013. The OP filed the xerox copies of the statement of the above account No. It clearly reveals that till the time of maturity i.e. 26.12.2013 the complainant did not keep the deposited amount but withdrew the same one month before its maturity. So the complainant can not claim the full mature amount on the ground to deficiency of service on the part of the OP.
In respect of another account where the complainant had deposited Rs.10,000/- vide receipt ;No. 38363634192 under Sahara 10 scheme on 11.101.2002 the amount with interest amounting to Rs.10,691/- was reinvested on 31.10.2003 under Silver year Labjh Yojana to avail the benefit of secured loan and accidental insurance . As per the OP and the statement the complainant has availed secured loan twice i.e. on 15.2.2006 and 15.3.2007. The complainant stated that with out his knowledge the OP converted his deposit on 31.10.2003. The ground of conversion or reinvestment are the complicated and complex question of facts where it needs more evidence and cannot be decided in summery proceeding. The OP stated that the complainant himself has converted or reinvested his previous deposits to new account. The old insurance bonds are not filed by the OP to show that he is continuing the previous bond. Since new accounts have been opened for the complainant, the old bonds must have been surrendered before the OP. Since the complainant is not the holder of previous bonds he can not claim the benefit under the same but under the new bonds. As per the requirement of the complainant the OP has also granted secured loan to the complainant at the time of need. Moreover the complainant withdrew the prematured amount on 26.11.2013 and on 19.4.2014 from two new accounts. There is no deficiency in service on the part of the OP in respect of two accounts stood in the name of the complainant.
Issue No.1 : The complainant has received the prematured amount from account No.12659204686 and the matured amount from account No.12659202953 on dated 26.11.2013 and 19.4.2014 and his relationship as consumer under the OP has been snapped. Since the complainant is not the consumer under the OP the complainant is not maintainable.
Issue No.3 : The old accounts of the complainant have been renewed and converted with the knowledge of the complainant and he has received the amounts from both new accounts. Therefore the complainant is not entitle to get any amount from the old accounts which were not in force after opening of new accounts. The complainant is not entitled for any relief as claimed in his complaint. Hence we order
ORDER
The complaint is dismissed on contest without cost.
The final order is prepared by us, corrected,
signed, sealed and pronounced in the open
Forum on this 31st October , 2014.
