Chandigarh

DF-II

CC/999/2021

Ms. Anu - Complainant(s)

Versus

The Branch Manager of State Bank of India - Opp.Party(s)

Sonis Saini Adv.

12 Apr 2024

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	999 of 2021
Date  of  Institution	:	23.12.2021
Date   of   Decision	:	12.04.2024

 

 

 

 

 

Anu, aged 23 years, daughter of Sh.Gaurav Singh, resident of House No.704/7, Bapu Dham Colony, Sector 26, Chandigarh

 

             …..Complainant

 

Versus

1]  The Branch Manager, State Bank of India, Grain Market, Sector 26, Chandigarh

2]  Deputy General Manager, State Bank of India, 3^rd Floor, G Block, Synergy Building, Behind National Stock Exchange, Bandra Kurla Complex, Bandra East, Mumbai 400051

3]  State Bank of India, Regional Office, Sector 17-B, Chandigarh

4]  M/s SBI Cards and Payment Services Limited, Unit 401 & 402, 4^th Floor, Aggarwal Millenium Tower, E 1, 2, 3 Netaji Subhash Place, Wazirpur, New Delhi 110034 through its Manager.

     ….. Opposite Parties

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                 MEMBER

                               

Argued by:-     Complainant in person

None for OPs No.1 to 3

None for OP No.4.

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

1]       The complainant has filed the present complaint pleading that she is having a Savings Account No.39009157079 with OP Bank. It is stated that she deposited an amount of Rs.92,000/- in FDR with OP Bank vide Ann.C-1.  It is also stated that she was also issued a credit card by the OP Bank, though she was not interested for it, on the pretext that there will be no extra charge for the credit card.  It is submitted that the complainant used the said credit card only for 1-2 times but she was stunned to know that huge amount is being shown outstanding against her credit card. It is also submitted that the OPs used to send message of outstanding amounts of credit card to the complainant despite the fact that she had not used it.  It is pleaded that the complainant agitated this matter with the OPs and their officials told her that the messages have been sent to her inadvertently and she will have to pay only the amount which was used by her through credit card.  It is also pleaded that the OP Bank by adopting illegal method used the amount of her FDR against illegal outstanding amount of credit card before its maturity and without the consent of the complainant. The complainant agitated this matter with the OP and sent a legal notice on 03.09.2021 but they did not pay any heed.  Therefore, the present complaint has been filed alleging the said act &

conduct of the OP as deficiency in service and unfair trade practice with a prayer to direct the OP to refund the FDR amount with interest as well as to pay compensation and litigation cost.

 

2]       The Opposite Parties No.1 to 4 gave failed to file their written version to the complaint within the stipulated time period and therefore, the defence of Opposite Parties No.1 to 4 was struck off vide order dated 06.02.2023 & 16.06.2023 respectively.

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the complainant and have gone through the documents on record including written submissions of the complainant. The OPs did not file written submission despite providing opportunities.

5]      From the submissions of the complainant and documents on record, it reveals that the claim of the complainant is about wrong & illegal encashment of her FDR of Rs.90,000/- in question (Ann.C-1) without getting her permission towards the alleged overdue amount of her credit card.  The complainant raised this issue with OP Bank vide email Ann.C-2 but nothing was done by the OPs.

6]       It is observed that the encashment or credit of FDR of the complainant without her prior consent & approval for the adjustment of the outstanding dues towards the credit card is illegal, which clearly amounts to deficiency in service and adoption of unfair trade practice on the part of OPs.  Moreover, the OPs No.1 to 4 prefer not to contest & file the rebuttal to the averments made in the complaint, which shows that they have nothing to say. Therefore, the assertions of the complainant qua OPs No.1 to 4 have gone unrebutted & un-controverted.

     

7]       Taking into consideration the above discussion & findings, the present complaint deserves to be partly allowed and the same is accordingly partly allowed against OP No.1 to 4. The OPs No.1 to 4 are directed to refund to the complainant the maturity amount of FDR i.e. Rs.94,679/- along with interest @9% per annum from the date of its maturity (29.8.2021) till the date of actual realization.

         This order be complied with by OPs No.1 to 4 within 60 days from the date of receipt of its certified copy.

 

8]      The pending application(s) if any, stands disposed of accordingly.

        Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced

12.04.2024                                                                         

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(B.M.SHARMA)

MEMBER