This appeal is directed against order dated 17.06.2015 in Case No.51/2012 passed by the  Ld. District Consumer Disputes Redressal Forum, Paschim Midnapur (in short, District Forum). By the impugned order, the case has been allowed. Being aggrieved by the same, the OPs thereof have preferred this appeal.

            The case of the Complainant is that she is a teacher at Narazole Mahendra Academy, and used to draw her monthly salary from the OP Bank through Savings Bank  Account No. MH-15. She also opened different term deposit accounts with the said Bank  being RIP- 3564, 3565,3566 and 3567 and the quarterly  interest of these accounts are to be transferred to the Savings Bank Account No. MH-15 with effect from 02.01.2007 and also in respect of other term deposits. She was sanctioned overdraft loan limit of Rs.5,25,000/- through Loan Account No. CC-25 against security of the said term deposits on 31.03.2007 at a contractual rate of 9.75% per annum. On 06.05.2010, she applied for closure of the said CC-25 account, and foreclosure of the eight term deposit accounts held as security against the said CC-25 Overdraft  Account, and repay the outstanding loan amount of CC-25 from the premature proceeds of  the term deposit accounts and requested to transfer the excess premature proceeds of the term deposits to her MH-15 account after full liquidation of the said overdraft loan, which the OP No.  1 assured to do. After waiting for a long time, she preferred  an appeal to the General Manager,  Personnel and Administration, BGVB, HO for redressal of her grievances followed by another letter of reminder dated 22.03.2011. She again knocked the door of the Branch Manager for relief by another application dated 18.06.2011. In the meantime, seven of eight term deposit accounts which were held as security against the said loan have matured in due course. But the Bank neither paid the maturity proceed to the Complainant nor credited those amounts to the CC-25 Account. Having no other alternative, she issued a legal notice to the Bank on  09.12.2011. The first response from the Bank dated 31.01.2012 has been received by her on 01.12.2012, raising some ridiculous reason for non-settlement  of the justified claim of the Complainant and suggested to produce some ‘clearance certificate’ from Daspur P.S. The Complainant is in no way responsible to pay further interest since after 06.05.2010, which the Bank has done. Accordingly, the case.

            As found, on the other hand, the case of the OPs is that since there is a criminal case pending in respect of Account No. CC-25 being Daspur PS Case No. 126/2011, u/s 409/468/477A, 420 and 120B, IPC, the closure of the accounts and payment could not be done. There is no case of any deficiency in service by the Bank. Accordingly, the complaint be rejected.

            It is to be considered if the impugned order suffers from any kind of anomaly as to facts and figures so as to make any reversal of the same.

Decision with reasons

            Ld. Advocate for the Appellant  submitted that for the criminal case concerned, there has been difficulty of the OP Bank to pay up the amount of the Complainant. By way of amendment, a huge amount of compensation has been claimed by the Complainant and, accordingly, the Ld. District Forum has ordered.

            Ld. Advocate for the Respondent has submitted that the Complainant has been suffering for long for non-payment by the Bank. The Complainant should not suffer for the ongoing criminal case for embezzlement of fund, where the Complainant has no role.

            It is a rightful case of the Complainant for the non-payment of matured amount of her term deposit accounts, although she applied for premature closure of the same. There is no way that the Bank can get away with their liability in the matter. So, the case has been rightly allowed in favour of the Complainant. However, the compensation given out by the impugned order is an exorbitant one. Accordingly, the impugned order is modified. The OPs are directed to pay to the Complainant the maturity amount of her term deposit accounts with the then prevailing interest of such term deposit accounts from the date of its maturity till payment. The OPs should also pay a compensation of Rs.25, 000/- to the Complainant.  All those payments are to be made within a period of 25 days. The appeal is thus partly allowed.