DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, ERNAKULAM
Dated this the 14^th day of August, 2024
                                                                     Filed On: 09/08/2018

PRESENT
Shri. D.B. Binu                                                              President
Shri. V. Ramachandran                                                  Member
Smt. Sreevidhia T.N.                                                      Member

C.C. NO. 327/2018

COMPLAINANT
S. Mahesh Kumar, S/o. C.P. Menon, Trinity World, Flat No. 17F, Jupiter, Kakkanadu, Ernakulam, pin 682037.

(Rep. by Adv. Rajesh Vijayendran, Ernakulam)

V/s

OPPOSITE PARTY

State Bank India (Formerly State of Hyderabad) Ground Floor, Pukudiyil Plaza, Main Road, Padamugal Junction, Ernakulam. Rep. by Branch Manager.

(Rep. by Adv. Rajesh Rajagopala Pillai, M/s. Raman Menon & Co., 3^rd Floor, Ram-Meena Building, Valanjambalam, Sahodharan Ayyappan Road, Kochi 16)

FINAL ORDER

D.B. Binu, President

1. A brief statement of facts of this complaint is as stated below:

The complainant filed this complaint under Section 12 of the Consumer Protection Act, 1986, alleging that the opposite party denied permission to close his Fixed Deposit (FD) Account bearing Receipt No. 62458201183 for Rs. 10,00,000/-. The complainant further sought a direction from this Commission to grant sufficient time to clear any outstanding arrears if it is established that he is liable to pay them.

According to the complainant, on 11.09.2017, he approached the opposite party bank to close another FD bearing Receipt No. 624581199842 for Rs. 10,00,000/-, with instructions to adjust any outstanding overdraft (OD) balance and credit the remaining amount to his account. However, the complainant later discovered that the bank credited the entire FD amount to his account without making any adjustments. Upon repeated inquiries, the bank assured him that no lien was placed on the FD and that the amount was correctly credited to his account.

Believing the bank’s assurances, the complainant continued to use the funds. In July 2018, when he attempted to close the FD (Receipt No. 62458201183), the bank allegedly prevented him from doing so, citing a previous mistake where the FD amount was credited without noting the lien.

The complainant argued that the bank's mistake should not be blamed on him but expressed willingness to repay the amount provided sufficient time is granted. During the proceedings, the complainant was permitted to close the disputed FD, rendering the complaint infructuous.

2. The version of the Opposite Party:

The opposite party contended that the complaint had become infructuous as the complainant had already closed the FD on 03.09.2018, and the proceeds were appropriated towards the OD account. The opposite party argued that the complainant was never prevented from closing the FD and that the bank had complied with all requests made by the complainant. Furthermore, the opposite party emphasized that there was no deficiency in service or unfair trade practice on its part, and the complaint should be dismissed with costs.

Upon hearing the arguments of both parties and reviewing the evidence on record, the Commission makes the following observations:

3. The Complaint Becoming Infructuous:

 The core issue in this complaint was the alleged denial of permission by the opposite party to close the FD Account bearing Receipt No. 62458201183. However, during the proceedings, it was established that the complainant was ultimately allowed to close the FD, and the proceeds were credited as requested. This development renders the primary grievance of the complainant moot, as the relief sought has been effectively granted during the pendency of the complaint.

The grievance of the complainant has been resolved during the proceedings. The relief sought by the complainant has already been granted through the closure of the FD account. Therefore, there is no substantive matter left for adjudication.

O R D E R

In light of the above analysis, this Commission concludes that the complaint has become infructuous. Accordingly, the complaint is hereby dismissed. There shall be no order as to costs.

Pronounced in the Open Commission this the 14^th day of August, 2024.

Sd/-

                                                                             D.B.Binu, President

Sd/-

V. Ramachandran, Member

Sd/-

 Sreevidhia.T.N, Member           

Forwarded/By Order

  Assistant Registrar  

Despatch date:

By hand:     By post                                                  

kp/

CC No. 327/2018

Order Date: 14/08/2024