This complaint is filed by the Complainant u/S 35 of the Consumer Protection Act, 2019 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to remit back the legitimate due amount along with interest to her till filing of this complaint.

The brief fact of the case of the Complainant is that she being an old aged widow has no source of income except meager amount of interest earned from the fixed deposit account, lying with the OP-Bank. The Complainant is holding one savings bank account with the OP-1 and also having two number of fixed deposit certificate of SBI lying in her name at the OP-1. The details of the said two fixed deposit as follows-

  A/c no               Term   Interest   Principal amount   Value Date   D/Maturity   Maturity Amount

30646717102      10 yrs.   9.25%        Rs.50,457/-          22.09.2008     22.09.2018         Rs.1,25,913/-

30646716685      10 yrs.   9.25%        Rs.50,457/-          22.09.2008     22.09.2018         Rs.1,25,913/-

After maturity of the aforementioned fixed deposits the Complainant deposited the original certificates to the OP-1 for encashment and to get the maturity amount in her savings bank account. On 09.10.2018 the OP-1 had credited the amount of Rs.91,018 and Rs.91,018/- respectively against two number of the fixed deposit certificates in her savings bank account. But why the OP-1 had credited the said lesser amount the reason is best known to the Bank. In terms of the two number of fixed deposit certificates as mentioned earlier the OPs are liable to pay/credit the amount of Rs.1,25,913/- X2 =Rs.2,51,826/- to the savings account of the Complainant and the Complainant is also very much entitled to get the entire maturity amount as per the fixed  deposit certificates. The OP had credited less amount of Rs.34,895 X 2 =Rs.69,790/- to the savings bank account of the Complainant without assigning any valid reason. As a Banking Institution guided under the Reserve Bank of India the OPs are liable to act in accordance with law, but the OPs have committed illegality by withholding the legitimate money of the Complainant and thus the action taken by the OPs is beyond the permissible limit of the law of this Land as well as the guideline of the Reserve Bank of India. After getting the less amount from the OP-Bank, the Complainant had enquired the officials of the Bank about the reason for illegal withholding the maturity amount of Rs.69,790/- but the officials of the Bank had failed to clarify the reason the Complainant in any manner. The Complainant submitted a letter on 22.10.2018 and another on 10.12.2018 to the Bank asking for clarification of illegal withholding of the matured amount of Rs.69,790/- and also claimed for crediting of the said amount to her savings account, but till date the OPs did not take any step in this regard nor replied any written or verbal communication to her. So the OPs have showed their non-co-operation towards the Complainant to prove their gross deficiency in service in rendering service to the Complainant. The Bank did not deduct any TDS from the interest paid nor the Bank deposited any TDS amount to the concerned authority of the Income Tax Department, Government of India nor any TDS certificate issued and almost every year the Complainant used to submit Form 15H to the OP-Bank, so it a big question as to why the legitimate rest of the maturity amount had been siphoned to elsewhere by the OP-Bank against which there is no clarification, explanation available from the OP-Bank. The Complainant being dissatisfied with such inaction of the Bank had approached before the Banking Ombudsman, RBI, Kolkata praying for settlement of the dispute through the machinery of the Ombudsman on 21.08.2019. The said complaint was registered, but the status of the complaint is not available in the official website of the RBI complaint management system and no order is at all supplied to the Complainant, however the dispute has not been settled in the banking ombudsman. On 26.07.2020 the Complainant had issued a letter to the OPs through her Ld. Advocate, which was duly received by the OP-1 on 28.07.2020, but to no effect. Another letter was issued addressing to the Zonal Office, which was returned with the endorsement as ‘shifted’ and again on 11.08.2020 the Complainant had issued another letter through her Ld. Advocate, which was duly received on 01.09.2020. As the OPs did not take any step to redress the grievance of the Complainant, hence having no other alternative the Complainant has approached before this Ld. Commission by filing this complaint praying for direction upon the OPs to remit her back the legitimate due amount of Rs.69,790/- along with an interest @9.25% p.a. on and from 09.10.2018 till date of actual payment in her favour, to pay compensation for Rs.2,00,000/- due to mental and physical harassment and litigation cost of Rs.50,000/- to her.

After admission of this complaint notices were issued upon the OPs. But inspite of receipt of the notices the OPs did not appear before this Ld. Commission and chose not to contest the complaint either orally or by filing written version. Hence the Ld. Commission was pleased to pass an order that the complaint will run exparte against the OPs. The Complainants had adduced evidence and also filed Brief Notes of Argument. The Ld. Counsel for the Complainant had also advanced oral argument.

We have carefully perused the documents and papers as available in the record and heard argument at length danced by the Ld. Counsel for the Complainant.

At the very outset we may mention to the judgment passed by the Hon’ble NCDRC in the case of M/s. Singla Builders & Promoters Limited vs. Aman Kumar Garg, reported in 2018 (1) CPR 314 (NC), decided on 16.10.2017, wherein it has been held that ‘non-filing of written version to complaint amounts to admission of allegations levelled against them in consumer complaint.’

The abovementioned Ruling can be applicable in the case in hand as in the instant complaint the OPs did not appear to contest the complaint either orally or by filing written version inspite of receipt of the notices.  Therefore in view of the said judgment the allegations as made out by the Complainant in the petition of complaint can be admitted as no rebuttal is forthcoming against such allegation.

It is seen by us that the Complainant is holding one savings bank account with the OP-1 and also deposited money in two fixed deposit certificates of SBI lying in her name at the OP-1. On 22.09.2008 the Complainant purchased two fixed deposit certificates from the SBI. The account numbers of the said two certificate are 30646717102 and 30646716685. In each fixed deposit certificate the Complainant deposited a sum of Rs.50,457/-. The term of the said two deposits is for 10 years and the maturity date was fixed on 22.09.2018. It is mentioned in the certificates that on maturity the Complainant will get a sum of Rs.1,25,913/- in respect of each fixed deposit certificate. The interest component was fixed at 9.25%. After maturity of the aforementioned fixed deposits the Complainant deposited the original certificates to the OP-1 for encashment and to get the maturity amount in her savings bank account. The photocopy of the savings account of the Complainant denotes that on 09.10.2018 the OP-1 had credited the amount of Rs.91,018 and Rs.91,018/- respectively against two fixed deposit certificates. The Complainant could not realize as to what prompted the OP-1 to credit the said lesser amount. In terms of the two number of fixed deposit certificates as mentioned earlier in our opinion the OPs are liable to pay/credit the amount of Rs.1,25,913/- X 2 =Rs.2,51,826/- in total to the savings account of the Complainant and the Complainant is also very much entitled to get the entire maturity amount as per the fixed  deposit certificates. But the document reveals that the OP had credited less amount of Rs.34,895/- X 2 =Rs.69,790/- to the savings bank account of the Complainant without assigning any valid reason. After getting the less amount from the OP-Bank, the Complainant had enquired the officials of the Bank about the reason for illegal withholding the maturity amount of Rs.69,790/- but the officials of the Bank had failed to clarify the reason the Complainant. The Complainant made several written correspondences with the OPs along with legal notice asking for clarification of illegal withholding of the matured amount of Rs.69,790/- and also claiming for crediting of the said amount to her savings account, but till date the OPs did not take any step in this regard nor replied any written or verbal communication to her. Due to such non-co-operation of the OPsthe Complainant has initiated this complaint before this Ld. Commission praying for certain reliefs along with remit back the due amountin her savings account in pursuance to the deposit certificates. The photocopies of the documents show thatthe Bank did not deduct any TDS from the interest paid nor the Bank deposited any TDS amount to the concerned authority of the Income Tax Department, Government of India nor any TDS certificate issued.

Therefore it is clear to us that the Bank did not pay/credit a sum of Rs.69,790/- in total and in respect of the two fixed deposit certificates in the savings account of the Complainant out of  the total maturity amount of the two fixed deposit certificates. As the Bank has failed to appear before this Ld. Commission we are not in a position to know from the Bank as to why the Bank did not credit the said amount i.e. entire maturity amount in her account, hence we are of the considered view that the Complainant is entitled to get the aforementioned remaining maturity amount in view of the fixed deposit certificates. As the Bank has withheld the remaining maturity amount without assigning any reason and admittedly for getting the said amount the Complainant had to run from pillar to post, but to no effect, in our view such action of the OPs can be termed as deficiency in service on the part of the OPs. Till filing of this complaint the Complainant had neither get the said amount nor any reply either satisfactory or whatever it may be from the OPs. We are of the opinion that due to such deficient service on the part of the OPs, the Complainant is very much entitled to get compensation. It is also true that since 22.09.2018 the remaining maturity amount of Rs.69,790/- is still lying with the OP-Bank and the OP-Bank has been earning interest/profit from the said amount. As the OP-Bank has debarred the Complainant from getting the said remaining amount since its maturity till date, in our view the Complainant is entitled to get interest on the said amount till its entire realization. It is noticed by us that due to inaction of the OP-Bank the Complainant had to approach before this Ld. Commission by filing this complaint and for this proceedings she has to incur some expenses, for this reason the Complainant is also entitled to get litigation cost from the OPs.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no-CC/198/2020 is hereby allowed exparte against the OPs with cost. The OPs shall remit the amount of Rs.69,790/- in the savings bank account no (30456364395) of the Complainant within 45 days from the date of passing this judgment along with an interest @5% p.a. for the period from 22.09.2018 till entire realization. The OPs are also directed either jointly or severally to pay compensation to the tune of Rs.5,000/- to the Complainant due to unnecessary harassment, mental agony and litigation cost of Rs.2,000/- to the Complainant within 45 days from the date of passing this judgment, in default the Complainant will be at liberty to put the entire order in execution as per provision of law.

Let plain copy of this final order/judgment be given to the parties free of cost as per CPR.  

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER