DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)
GOVT. OF NCT OF DELHI
CONVENIENT SHOPPING CENTRE, FIRST FLOOR,
SAINI ENCLAVE, DELHI – 110 092
C.C. No.114/2021
| TEENA W/o SH MUKESH KUMAR, R/o H.No. 4/2803, Street No.2, Near Prakash Punj School, Bihari Colony, Delhi – 110032 | ….Complainant |
Versus |
| State Bank of India Branch : Anaj Mandi Shahdara, Delhi – 110032. (through its Managar) State Bank of India Local Head Office 1, Jai Singh Marg, Police Colony, Connaught Place, New Delhi – 110001. (Through its GM) | ……OP |
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Date of Institution: 24.02.2021
Judgment Reserved on: 12.04.2024
Judgment Passed on: 20.05.2024
QUORUM:
Sh. S.S. Malhotra (President)
Sh. Ravi Kumar (Member)
Judgment by: Shri Ravi Kumar (Member)
JUDGMENT
The complainant has alleged deficiency in service on the part of OP in wrongfully cancelling her 03 FDRs pre-maturily in the month of September, 2020 and after crediting the amount in her account allowed withdrawal of the same to account of some other person, the total amount so withdrawn from her account was Rs.6,70,500/- causing her mental agony and harassment.
- The complainant has stated in her complaint that she was having 03 FDRs as under with OP Bank:
- FDR No.38395208076 for Rs.2,50,000/- dated 15.04.2019.
- FDR No.39083355118 for Rs.2,00,000/- dated 10.02.2020.
- FDR No. 39083555425 for Rs.2,00,000/- dated 10.02.2020.
She was receiving interest on these accounts on 19th day of every month however in the month of September, 2020 she did not receive the interest in her account and when she visited the OP Bank on 21.09.2020 then she came to know that the said FDRs have been cancelled and the amount has been transferred in her account and from her account the amount was further transferred on 15th September, 2020 to one Jeweler’s account having shop at Green Park, New Delhi. The total amount so withdrawn was Rs.6,70,500/-.
- She immediately filed complaint with the OP Bank and also lodged FIR in Farsh Bazar, PS, Delhi. Since no amount was credited back in her account she has filed the present complaint seeking following reliefs:
- OP be directed to pay Rs.6,70,500/- alongwith interest @18% per annum from 05.09.2020 and
- OP be directed to pay Rs.50,000/- towards the cost of litigation.
- OP be directed to pay Rs.5,00,000/- towards compensation, mental and physical agony to the complainant.
- Any other relief which this Forum may deem fit and proper in the aforesaid facts and circumstances may also be awarded in favour of the complainant and against the OP.
- Notice was issued and though OP had received copy of the complaint on 27.01.2022. OP filed its reply on 27.06.20222 alongwith condonation of delay application. The said condonation of delay application was dismissed by this Commission on 13.09.2023 and therefore there is no reply in defense of OP in this case. The OP has not filed appeal against the said order dated 13.09.2023 and therefore the said order has attained finality.
- Though the reply of the OP cannot be read in its defense, however the facts which are admitted in the reply can be considered. The OP Bank in its reply has stated that they have already paid by principal amount of Rs.6,70,500/- on 05.02.2022 and also paid Rs.55605/- on 12.05.2022 towards interest.
- Complainant has filed her evidence by way of affidavit.
- This Commission has heard the arguments and perused the record. Without going into the merits of the case during the proceedings held on 06.01.2023 Complainant had stated that she is satisfied with the refund of the amount with interest by the OP and now the only issue remains with respect of non pecuniary compensation.
- In view of the above admitted facts and this Commission without expressing its opinion on merits of the case, observes that there was actually mental harassment and stress to the Complainant when her hard earned money which was kept in the form of FDR was credited in her account by pre-maturity breaking the same without her consent and the amount was withdrawn from there and OP Bank has credited the amount with interest after approx 2 years and in view of the same this Commission grants Rs.15,000/- to the Complainant towards mental agony and harassment which is to be paid by the OP Bank within 30 days from the date of this order without any interest at this stage.
In case the OP Bank fails to pay the amount as above, the same shall carry interest @7% per annum from the date of order till the date of realization.
Copy of the order be supplied/send to parties free of cost as per rules.
File be consigned to Record Room.
Announced on 20.05.2024
