Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 602.
Instituted on : 02.11.2016.
Decided on : 12.10.2018.
- Jai Kishan s/o Sh. Johri Mal Malik, aged 88 years R/o Champion Photostat, Delhi Road, Rothak.
- Jai Kishan and Ved Kaur W/o Jai Kishan, aged 83 years and R/o Champion Photostat, Delhi Road, Rohtak.
- Ved Kaur w/o Jai Kishan, aged 83 years and R/o Champion Photostat, Delhi Road, Rohtak.
- Sudesh d/o Jai Kishan and w/o Surender Singh Dalal aged 54 years and Jai Kishan, R/o Champion Photostat, Delhi Road, Rohtak(Now R/o 132L Model Town, Rohtak).
………..Complainant.
Vs.
- Senior Manager, State Bank of Patiala, Delhi Road, Model Town, Rohtak.
- Deputy General Manager, State Bank of Patiala, Zonal Office, SCO No.7, Sector-5, Panchkula through Senior Manager, State Bank of Patiala, Delhi Road, Model Town, Rohtak.
- The General Manager, State Bank of Patiala, Head Office-The Mall, Patiala-167001(Punjab).
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
SMT. SAROJ BALA BOHRA, MEMBER.
Present: Sh.J.S.Dhamija, Advocate for the complainant.
Sh.V.K.Chugh, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the complaint are that the complainants are holders of Saving Bank accounts at State Bank of Patiala and had purchased Special Term Deposit receipts as mentioned in para no.1 of the complaint. That the said special term receipts were surrendered on maturity and the complainants requested the OPs to credit the maturity amount including the interest to their Saving Bank Accounts. That due to non-requirement of the amount, the complainants did not operate their accounts for a long time and they were under the impression that their deposit amounts in their saving bank would have been earning the interest at the prevailing rates. But when the complainant no.1 visited the bank he was told that the said accounts does not exists and might have been freezed/dead/inoperative whereas the complainants never closed their accounts. That the act of opposite parties of closing the accounts of complainant without any intimation/notice is illegal and amounts to deficiency in service. As such it is prayed that OPs may kindly be directed to intimate the status of account after defreezing the same, make the payment of amount lying in accounts alongwith interest, to pay compensation on account of loss of interests, mental agony, harassment as well as litigation expenses as explained in relief clause.
2. On notice opposite parties appeared and filed their written reply submitting therein that the alleged FDRs have been matured in the year 1988 and 1989. That as per instructions of RBI, the record of FDR is available with the bank maximum for the last 10 years and earlier to this no record is kept by the bank and as such no record of the alleged FDRs is available with the bank. That no record of said FDRs is available with the bank now. That the FDRs were matured in the year 1989, the complainants might have withdrawn the amount. That there is no deficiency in service on the part of OPs and dismissal of complaint has been sought.
3. Ld. counsel for the complainant has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C15 and closed his evidence. On the other hand ld. counsel for opposite parties has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R2 and closed his evidence.
4. We have gone through the averments placed on the file as well as oral arguments of both the parties.
5. After going through the file and hearing the parties, it is observed that the FDRs have been matured in the year 1989 and the complainants have filed the case in the year 2016. Moreover complainants have not mentioned any date in the complaint that in which year they contacted the OPs after maturity of FDRs. Only a copy of cheque i.e. Ex.C15 and a memorandum of State Bank of Patiala Ex.C14 have been placed on file. Through these documents the complainant wants to prove that his account number is still working upto 28.11.2003. After the perusal of Ex.C15 we came to the conclusion that there is no seal of any bank upon this cheque. Moreover this query was also sent through memorandum i.e. Ex.C14 to the complainant that the branch stamp is required. After the year 2003, complainant has only sent the complaint/legal notice in the year 2015. Hence the complaint is highly time barred. On the other hand, the contention of OPs is that as per instructions of RBI, the record of FDR is available with the bank maximum for the last 10 years and earlier to this no record is kept by the bank and as such no record of the alleged FDRs is available with the bank. It is also observed that the FDRs were matured in the year 1989 and there is possibility of withdrawal of amount by the complainants as no record is available with the opposite parties. Hence the matter in dispute requires elaborate oral and documentary evidence for proper adjudication of complicated issues that are involved. This can only be possible in appropriated trial in the Court of competent jurisdiction and not under the Consumer Protection Act where matters are decided in a summary manner. Hence we dismiss the present complaint on this limited ground with liberty to the complainant to redress his grievances before competent Court of Law having jurisdiction in the matter, if they so desire or advised. However, in terms of judgment of the Hon’ble Supreme Court of India in Laxmi Engineering Works versus PSG Industries Institute (1995) 3 SCC 583, the complainant may seek exemption/condonation of delay under section 14 (2) of the Limitation Act for the period during which the proceedings remained pending before this Consumer Forum.
6. Copy of this order be supplied to both the parties free of costs.
7. File be consigned to the record room after due compliance.
Announced in open court:
12.10.2018. ................................................
Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
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Saroj Bala Bohra, Member.
