| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR. Consumer Complaint No.88 of 2015 Date of Institution: 06-02-2015 Date of Decision: 28-05-2015 Mr.Satpal Sharma, HUF resident of 426, Basant Avenue, Amritsar. Complainant Versus State Bank of India through is Chairman/ Managing Director/ Principal Officer having one of its Branch at Town Hall, Amritsar service through its Branch Manager. Opposite Party Complaint under section 12 and 13 of the Consumer Protection Act, 1986 as amended upto date. Present: For the Complainant: Sh.Deepinder Singh, Advocate For the Opposite Party: Exparte. Quorum: Sh.Bhupinder Singh, President Ms.Kulwant Kaur Bajwa, Member Mr.Anoop Sharma, Member Order dictated by: Sh.Bhupinder Singh, President. - Present complaint has been filed by Sh.Satpal Sharma under the provisions of the Consumer Protection Act alleging therein that he is having a PPF account with Opposite Party-Bank and is being maintained regularly having No.10978554157. Complainant alleges that said PPF account was opened on 5.3.1998 and was to be matured for payment after 15 years and can be extended for further period. Said account was having the credit balance of Rs.3,98,993.12 with interest credited till that date. Thereafter, the complainant deposited the amount of Rs.80,000/- in the said account on 13.3.2014 and the balance comes to Rs.4,78,993.12 and the amount after interest credited on 31.3.2014 for Rs.34712/- comes to credit amount of Rs.5,13,705.12. On 22.1.2015 the complainant visited the Opposite Party-Bank to further deposit the amount in his account and the Opposite Party told the complainant that they can not continue with their HUF accounts for the PPF scheme and got some form signed from the complainant and handed over to him the banker cheque No. 642137 dated 22.1.2015 for Rs.4,78,993.12 and refused to pay the interest for the period 1.4.2013 to 22.1.2015 on amount of Rs.3,98,993.12 and interest on amount of Rs.80,000/- from 13.3.2014 till 22.1.2015. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to pay interest for the period 1.4.2013 to 22.1.2015 on amount of Rs.3,98,993.12 and interest on amount of Rs.80,000/- from 13.3.2014 till 22.1.2015. Compensation and litigation expenses were also demanded.
- On notice, none appeared on behalf of Opposite Party-Bank, so Opposite Party-Bank was proceeded against exparte vide order dated 11.3.2015 of this Forum.
- Complainant tendered into evidence his affidavit Ex.C-1 alongwith documents Ex.C2 and Ex.C3 and closed the evidence on behalf of the complainant.
- We have carefully gone through the pleadings of the complainant; arguments advanced by the ld.counsel for the complainant and have appreciated the evidence produced on record by the complainant with the valuable assistance of the ld.counsel for the complainant .
- From the record i.e. averments of the complainant in complaint as well as evidence produced by the complainant, it stands fully proved on record that the complainant has PPF (HUF) account with the Opposite Party-Bank bearing No.10978554157. Said account was opened by the complainant in Opposite Party-Bank on 5.3.1998 which was to be matured after 15 years and can be extended for further period on written request. Complainant alleges that on 31.3.2013 said account was having credit balance of Rs.3,98,993.12 with interest accrued and credited till that date. Thereafter, the complainant deposited the amount of Rs.80,000/- in the said account on 13.3.2014 and the balance comes to Rs.4,78,993.12. The Opposite Party-Bank also credited interest upto 31.3.2014 amounting to Rs.34,712/- and then total amount of comes to Rs.5,13,705.12 as is evident from the copy of Pass Book Ex.C2. Thereafter, the complainant on 22.1.2015 visited the Opposite Party-Bank to further deposit the amount in the said account and the Opposite Party told the complainant that they can not continue with their HUF accounts for the PPF scheme and got some forms signed from the complainant and handed over to him the banker cheque No. 642137 dated 22.1.2015 for Rs.4,78,993.12 and refused to pay the interest for the period 1.4.2013 to 22.1.2015 on amount of Rs.3,98,993.12 and interest on amount of Rs.80,000/- from 13.3.2014 till 22.1.2015.
- From the above discussion, we have come to the conclusion that the complainant opened aforesaid PPF (HUF) account with the Opposite Party-Bank on 5.3.1998 which was to be matured on the completion of 15 years i.e. 31.3.2013. However, the same could be extended for further period on written request. So, it stands fully proved on record that the aforesaid PPF (HUF) account of the complainant matured and was valid upto March, 2013 i.e. 31.3.2013. The amount at the credit of the complainant on 31.3.2013 in the aforesaid PPF (HUF) account was Rs.3,98,993.12 paisa with upto date interest accrued and credited in that account. Thereafter, the complainant was not entitled to deposit any amount in the aforesaid account because the complainant did not get the account extended after 31.3.2013 nor the complainant could produce any evidence that he got his PPF (HUF) account extended after 31.3.2013, but the complainant deposited Rs.80,000/- in the said account on 13.3.2014 and the Opposite Party-Bank credited this amount to the aforesaid PPF (HUF) of the complainant inadvertently and not only this, the Opposite Party-Bank has also inadvertently gave credit of interest on the aforesaid amount to the tune of Rs. 34,712/- and credited the same to the aforesaid PPF (HUF) account of the complainant. As such, in the pass book of the complainant Ex.C2, the total amount as on 31.3.2014 was mentioned as Rs.5,13,705.12. All this happened due to inadvertence on the part of the officials of the Opposite Party-Bank because the complainant did not get his aforesaid PPF (HUF) account extended after 31.3.2013 nor Opposite Party-Bank was authorized to extend the said PPF (HUF) of the complainant after 31.3.2013. Resultantly, the Opposite Party-Bank has paid to the complainant the amount due at the credit of the complainant in the pass book Ex.C2 on 31.3.2014 i.e. Rs. 3,98,993.12 + Rs.80,000/- deposited by the complainant and credited by the Opposite Party-Bank in the aforesaid PPF (HUF) account of the complainant on 31.3.2014 inadvertently. This amount of Rs. 4,78,993.12 was paid to the complainant vide bankers cheque No. 642137 dated 22.1.2015 Ex.C3. The complainant is not entitled to interest on the aforesaid PPF (HUF) account from 31.3.2013 when the aforesaid PPF (HUF) account of the complainant matured and was not got extended. However, the Opposite Party-Bank kept this amount for such a long period i.e. from 31.3.2013 till 22.1.2015 (for about 2 years) when the amount was finally paid to the complainant through aforesaid banker cheque dated 22.1.2015, which amounts to deficiency of service on the part of the Opposite Party-Bank. So, the complainant is entitled to Saving Bank interest on the aforesaid amount i.e. Saving Bank Interest on Rs. 3,98,993.12 from 31.3.2013 to 22.1.2015 and on Rs.80,000/- from 13.3.2014 till 22.1.2015.
- Resultantly, this complaint is disposed of with the directions to the Opposite Party-Bank to pay the interest to the complainant at simple Saving Bank interest on Rs. 3,98,993.12 from 31.3.2013 to 22.1.2015 and on Rs.80,000/- from 13.3.2014 (i.e. date of its deposit) till 22.1.2015, within one month from the date of receipt of copy of this order. Opposite Party-Bank is also directed to pay the litigation expenses to the complainant to the tune of Rs.1,000/-. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Dated: 28-05-2015. (Bhupinder Singh) President hrg (Anoop Sharma) (Kulwant Kaur Bajwa) Member Member | |
