District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.112/2021.
Date of Institution: 02.03.2021.
Date of Order: 29.07.2022.
Ms. Radha Mishra (Minor) D/o Shri narendra Kumar Mishra R/o H.No. 1634, Sector-7E, Faridabad, Haryana – 121006 at present R/o H.No. 729, Sectgor-7C, Faridabad, Haryana through her father and natural guardian Shri Narendra Kumar Mishra.
…….Complainant……..
Versus
1. State bank of India, SCO-43, HUDA Market, Sector-7, Faridabad through its Branch Manager.
2. Regional Manager, State Bank of India, Local head Office 11, Parliament Street, new Delhi – 110 001.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Complainant in person.
Sh. Surender Singh, counsel for opposite parties. Nos.1 & 2.
ORDER:
The facts in brief of the complaint are that the complainant was having saving bank account No. 033977448469 with the opposite party No.1 the complainant had also having R.D. account with opposite party No.1 vide R.D.No. 33979741475 dated 21.07.2014 and deposited an amount of Rs.6,00,000/- in 60 installments of Rs.10,000/- each against Recurring Deposit Scheme of SBI. The said R.D. had matured on 21.07.2019 and opposite party No.1 had auto transferred funds in the above said saving account of the complainant. The complainant was got shocked and surprised to know that amount deposited by opposite party No.1 in the account of the complainant was very less from the committed amount by the opposite parties at the time of opening of above said R.D.Account with the opposite party No.1. it was submitted that as per the commitment of the opposite party No.1 there were an amount of Rs.1,49,697/- was interest on the total R.D. amount of Rs.6,00,000/- thus the opposite parties had to deposit the sum of Rs.7,49,697/- in the account of the complainant after maturing the above said R.D. but the opposite parties had deposited the amount of Rs.6,61,045/- in the above said Saving Bank Account of the complainant against total period of maturity. Thus the complainant had deposited the less amount as per their commitment. The complainant immediately rushed to the opposite party No.1 and asked for deposition of less amount in her above said account after maturity of the above said R.D. Upon which the opposite party No.1 had given in writing to the complainant that the amount regarding penalty had been deducted towards late payment of the installments of the above said R.D. with their bank but did not provide any detail after repeated requests ad reminders of the complainant. Thereafter the complainant made several efforts and it had come to the knowledge of the complainant that as per Banking rules the opposite parties had right to charge a sum of Rs.2400/- as penalty on the late fee on delay installments and the opposite parties had also right to deduct a sum of Rs.1,133.33 paisa on less interest for 16 months on Rs.10,000/-. Thus the opposite parties had right to deduct only a sum of Rs. 3,533.33 paisa from the above said maturity amount of the R.D. and should be deposited a sum of Rs.7,29,975/- in the account of the complainant after adjusting the Applicable TDS on the maturity amount but the opposite parties had deducted much more amount from the maturity amount of the complainant and had deposited only a sum of Rs.6,61,045/- in the above said bank account of the complainant. The complainant many times requested the opposite parties to deposit the balance amount of Rs.68,930/- alongwith interest @ 24% p.a. from the date of maturity i.e. 20.09.2019 till its actual final realization alongwith complaint at Customer care No. of the opposite parties, emails on the mail id of the opposite parties, Banking Lokpal and also letter dated 10.12.2020 ato the opposite parties. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) return the amount of Rs.68,930/- alongwith interest @ 24% p.a. from the date of maturity of the R.D. i.e. from 20.07.2019 till its actual final realization.
b) pay Rs.1,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs.21,000/ - as litigation expenses .
2. Opposite parties put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that the complainant opened a RD Account with opposite party No.1 bearing NO. 33979741475 on dated 21.07.2014 for a term of 60 months, in which Rs.10,000/- per month was to be deposited regularly but the complainant did not deposit the installment sin the Month September 2014, October 2014, June 2016, July 2016, August 2016, August 2017 & September 2017, vide which the penalty counter increased and an amount of Rs.27,450/- was deducted by the system on 20.07.2019 from above said RD Account No. 33979741475. The complainant had not come with clean hands before this Hon’ble Forum and had suppressed the true and actual facts as prior to this complaint, the complainant filed another complaint on same facts before the Banking Ombudsman bearing complaint No. 201920016007721 dated 10.10.2019 which had been disposed off on 04.05.2019 and the Banking Ombudsman did not found any deficiency on the part of replying opposite parties i.e. the state Bank of India and during pendency of that complaint on same facts she had filed the present complaint before this Hon’ble Forum. Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties – State Bank of India with the prayer to : a) return the amount of Rs.68,930/- alongwith interest @ 24% p.a. from the date of maturity of the R.D. i.e. from 20.07.2019 till its actual final realization. b) pay Rs.1,00,000/- as compensation for causing mental agony and harassment . c) pay Rs.21,000/ - as litigation expenses .
To establish his case the complainant has led in his evidence Affidavit of Ms. Radha Mishra (Minor) d/o Shri Narendra Kumar Mishra, Adhar card of Radha Mishra, Adhaar card of Shri Narendra Kumar Mishra,, State Bank of India (SBI) – Recurring Deposit (RD) Calculator,, Interest Calculation for 5 years RD, Interest @ 8.50% & deposit of Rs.10000 per Month Normal case. Recurring Deposit: Interest Rates, Schemes, Benefits, Statement of accounts, letter dated 23.07.2019 regarding less payment received, legal notice, postal receipt, emails, Grievance Details,
On the other hand counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties, Ex.RW1/A – affidavit of Shri Peeush Kumar, Branch Manager, State Bank of India, SCO-43, HUDA Market, Sector-7, Faridabad, Ex.R-1 - complaint No. 201920016007721 filed before Banking Ombudsman II, New Delhi Speaking order,
6. Cousnel for the complainant argued that the complainant is having saving bank account No. 033977448469 with the opposite party No.1 the complainant had also having R.D. account with opposite party No.1 vide R.D.No. 33979741475 dated 21.07.2014 and deposited an amount of Rs.6,00,000/- in 60 installments of Rs.10,000/- each against Recurring Deposit Scheme of SBI. The said R.D. had matured on 21.07.2019 and opposite party No.1 had auto transferred funds in the above said saving account of the complainant. The complainant was got shocked and surprised to know that amount deposited by opposite party No.1 in the account of the complainant was very less from the committed amount by the opposite parties at the time of opening of above said R.D.Account with the
opposite party No.1. As per the commitment of the opposite party No.1 there were an amount of Rs.1,49,697/- was interest on the total R.D. amount of Rs.6,00,000/- thus the opposite parties had to deposit the sum of Rs.7,49,697/- in the account of the complainant after maturing the above said R.D. but the opposite parties had deposited the amount of Rs.6,61,045/- in the above said Saving Bank Account of the complainant against total period of maturity. He further argued that opposite party No.1 had given in writing to the complainant that the amount regarding penalty had been deducted towards late payment of the installments of the above said R.D. with their bank but did not provide any detail after repeated requests ad reminders of the complainant. Thereafter the complainant made several efforts and it had come to the knowledge of the complainant that as per Banking rules the
opposite parties had right to charge a sum of Rs.2400/- as penalty on the late fee on delay installments and the opposite parties had also right to deduct a sum of Rs.1,133.33 paisa on less interest for 16 months on Rs.10,000/-. Thus the opposite parties had right to deduct only a sum of Rs. 3,533.33 paisa from the above said maturity amount of the R.D. and should be deposited a sum of Rs.7,29,975/- in the account of the complainant after adjusting the Applicable TDS on the maturity amount but the opposite parties had deducted much more amount from the maturity amount of the complainant and had deposited only a sum of Rs.6,61,045/- in the above said bank account of the complainant. The complainant many times requested the opposite parties to deposit the balance amount of Rs.68,930/- alongwith interest @ 24% p.a. from the date of maturity i.e. 20.09.2019 till its actual final realization alongwith complaint at Customer care No. of the opposite parties, emails on the mail id of the opposite parties, Banking Lokpal and also letter dated 10.12.2020 to the opposite parties.
On the other hand, Counsel for the opposite party argued that the complainant opened a RD Account with opposite party No.1 bearing NO. 33979741475 on dated 21.07.2014 for a term of 60 months, in which Rs.10,000/- per month was to be deposited regularly but the complainant did not deposit the installments in the Month September 2014, October 2014, June 2016, July 2016, August 2016, August 2017 & September 2017, vide which the penalty counter increased and an amount of Rs.27,450/- was deducted by the system on 20.07.2019 from above said RD Account No. 33979741475. The complainant had not come with clean hands before this Hon’ble Forum and had suppressed the true and actual facts as prior to this complaint, the complainant filed another complaint on same facts before the Banking Ombudsman bearing complaint No. 201920016007721 dated 10.10.2019 which had been disposed off on 04.05.2019 and the Banking
Ombudsman did not found any deficiency on the part of replying opposite parties i.e. the state Bank of India and during pendency of that complaint on same facts she had filed the present complaint before this Hon’ble Forum.
7. During the course of arguments , Shri Piyush Manager alongwith Shri Surender Singh Advocate has placed on record calcuation vide Annx. X , details of the same are as under:
Name : Radha Mishra
RD for 5 years, Instalment Rs.10,000/- per months.
R.O is 8.50%
Maturity amount : Rs.7,48,495/-
TDS deducted : Rs. 18,450/-
Penalty overall : Rs. 27,450/-
Amount paid : Rs.6,61,045/-
Difference amount : Rs. 41,550/-
The counsel for opposite party has orally stated that an amount of Rs.41,550/- is due against the opposite parties i.e. State Bank of India.
8. After going through the evidence led by both the parties and the calculations given by the counsel for the opposite parties
, the Commission is of the opinion that the deficiency in service on behalf of the opposite parties is proved . Resultantly, the complaint is allowed.
9. Opposite parties, jointly & severally are directed to pay an amount of Rs.41,550/- to the complainant. Opposite parties are also directed to pay Rs.5500/-
as compensation for causing mental agony and harassment. No litigation charges be given to the complainant because the complainant himself is pursuing the case. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 29.07.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
