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Ashok Kumar Munshi filed a consumer case on 19 Jul 2022 against The Branch Manager, State Bank of India in the Bokaro Consumer Court. The case no is CC/17/77 and the judgment uploaded on 19 Jul 2022.
District Consumer Commission, Bokaro.
Case No. 77/2017
Date of Filing-05-05-2017
Date of Order-19-07-2022
Ashok Kumar Munshi S/o Late Ranendra Nath Munshi
R/o- Plot no. 319, Cooperative Colony, P.O-Sector-1
P.S- Sector-12, District- Bokaro, Jharkhand.
Vs
Kathara Branch, District- Bokaro, Jharkhand.
Saunda Branch, Hazaribagh
Sector-4, Branch, P.O. & P.S- Sector-4,
District- Bokaro, Jharkhand.
Present:-
Shri Jai Prakash Narayan Pandey, President
Smt. Baby Kumari, Member
-Order-
Complainant’s case in brief is that he opened P.P.F Account in the State Bank of India Saunda Branch within District of Hazaribag on 19.03.1997 in which his mother and his wife are nominee, later on said account has been transferred to Kathara Branch and it’s a/c No. is 1108633478. Further case is that on updation of the passbook complainant found that for the year 2004-05 only Rs. 6238.93 has been credited as interest though for year 2003-04 total Rs. 14,387/- was credited as interest. Therefore, complainant requested bank officials for credit of actual interest for the period 2004-05 which was not done. Hence legal notice was served having no impact, then case has been filed with prayer to direct the O.Ps. to credit the interest amount for the year 2004-05 with 18% interest and to pay Rs. 30,000/- and Rs. 10,000/- respectively as compensation and litigation cost.
O.Ps. appeared and they have not filed W.S.
However, photo copy of letter dt. 18.06.2018 written by Chief Manager, SBI, Kathara Branch has been filed mentioning therein that in term of the consumer case No. 77/2017 they have credited Rs. 9556/- as interest in the PPF account of the complainant on 04.06.2018.
On perusal of above letter it appears that main grievance of the complainant has been settled, though after filing of the case. There is no denial of the complainant regarding deposit of said amount and it has not been contradicted.
During argument, Learned Counsel for the O.Ps. has produced account statement of the P.P.F. Account of the complainant from 01.01.2018 to 01.07.2021 which shows that on 04.06.2018 Rs. 9556/- has been credited as interest adjustment. Hence said statement is in conformity of the letter dt. 18.06.2018. In this way it is apparent that in addition to Rs. 6238.93 further Rs. 9556/- has also been deposited as interest for the year 2004-05 which comes to the tune of total Rs. 15,794.93. It is important to note here that as per complainant interest for the year 2003-04 was Rs. 14,387/- on which date total balance was Rs. 1,64,781/- and interest for the period 2005-06 was Rs. 18,032.56 on which date total balance was Rs. 2,35,406.93. In this way it is apparent that on last day of the year 2004-05 total balance was Rs. 1,99,168/- on which interest Rs. 6238.93 + Rs. 9556/- = Rs. 15,794.93 has been paid by the O.Ps. Therefore, on deposit of above mentioned amount there remains no grievance of the complainant pending against the O.Ps. and at present prayer is infructuous.
Taking the matter with another angle it appears that cause of action of the case was arised on 31.03.2004 and case has been filed on 05.05.2017 after lapse of about more than thirteen years period hence complaint is hopelessly time barred.
Therefore, in light of above discussion we are of the opinion that in the changed circumstance complaint is liable to be dismissed, accordingly it is being dismissed.
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