This appeal is directed against order no. 1 dated 16/11/2018 passed by Ld. D.C.D.R.F, Dakshin Dinajpur in CC no. 74/2018. The fact of the case in nutshell is that the appellant Sankar Chakrabarty filed a consumer complaint before the Ld. D.C.D.R.F to the effect that he had fixed deposit in the United Bank of India, Balurghat Branch, being certificate no. 0235101129728 at 16/9/2016 and the date of maturity of the said fixed deposit was stipulated till 16/9/2017. At the time of maturity, the complainant was under conception that his fixed deposit would be renewed on reinvestment in a auto renewal process. After lapse of 8 months that is on 2/5/2018, the complainant wants to enquire about the status of fixed deposit when he came to know that the fixed deposit was not renewed automatically,. Then he reinvested the said amount in the said fixed deposit scheme on 2/5/2018 for two years at the rate of 6 per cent per annum. The complainant raised a claim for the due interest over the maturity amount for the period between 16/9/2016 to 2/5/2017. He has already lost as fixed deposit interest. The complainant approach the Bank Authority  in many occasions for realization of the due interest which was refused on the part of the Bank Authority. So he claimed rupees 13803 as interest for 220 days at the rate of 3.5% per annum and he also by filing a consumer complaint prayed for rupees 13803 along with up to date interest total covering 13,962 along with litigation cost of rupees 5000 and compensation for harassment of rupees 10,000. The complaint was admitted before the Ld. D.C.D.R.F., and bank was issued notice to contest the case. The Bank that is united bank of India, Balurghat Branch did not contest case only they came before the Forum with a prayer for disposal of consumer complaint as the Bank has already credited the due of rupees 14,235.65 paisa in the account of the complainant. The bank did not dispute consumer complaint by any written version. Ld. D.C.D.R.F. has disposed of the consumer complaint as opined that as the Opposite Party Bank has already deposited rupees 14,235 in the account of the complainant, the complainant was not entitled to get any compensation in this case.

Being aggrieved with this order this appeal is preferred by the consumer complainant before this Commission on the ground that he had to endures mentally and financial sufferings for not getting due interest in his credit by following the auto renewal system as deposited by the RBI rules and Ld. Forum has ignored his renewal entitlement  in this regard and for that reason, the judgment and final order appears to him arbitrary and not vested in it by law. The United Bank of India, Balurghat Branch has contested the appeal through ld. Advocate who was heard at the time of final hearing of appeal. The appellant was also heard through his Ld. Advocate.

Decision with reasons

Admitted position is that the complainant/appellant has fixed deposit certificate in the The United Bank of India, Balurghat Branch since 6/8/2014 and it was renewed time to time for the last time he had renewed the said FD certificate on 16/9/2016 for another year and the maturity date was fixed on 16/9/2017. Through he anticipated that the said fixed deposit would be renewed by auto renewal process and for that reason, he did not come to bank for renew of the said fixed Despite by his physical appearance and investment.

Subsequently, on 2/5/2018, he come to know that his fixed deposit has already matured on 16/9/2217 and the amount of the said fixed deposit rupees 6,00,356 was still lying there and since 16/9/2017 no interest  was credited to his account. He has approach the bank Authority to credit the due interest for the period between 16/9/2017 to 2/5/2018 at the rate of sufferings Banks interest that is 3.5 per annum. But the Bank Authority did not do so For that reason, he preferred consumer complaint during the pendency of the case. The Bank Authority has credited the due interest to the savings Bank Account of the Complainant and entitled to draw an end to the case. Ld. Forum has accepted the view of the bank Authority and decided the case that as the interest amount of rupees 14235 was already credited to the SBI account of the complainant, the Ld. Forum did not found any other scope to allow the compensation and litigation cost as prayed by the compliant. During the course of hearing the argument of this appeal, the Bank Authority through their Ld. Advocate mentions that at the time of the said fixed deposit scheme the auto renewal system was not implemented in the system of the The United Bank of India, Balurghat Branch and for that reason, the auto renewal system facility could not be provided to the instant case and bank has no fault in this regard as because the Branch has no authority to instantly pay the credit interest for the period between 16/9/2017 to 2/5/2018 as they were waiting for necessary approval from the head office of the bank and the Branch of the said bank has no fault on their own and for that reason, the Ld. Forum realised the actual position of the bank and for that reason, the final order was passed considering the facts and circumstances of the case. After hearing both sides, it has come to the notice of this Commission that since the implementation of RBI rules, the Nationalized banks has already started the process of auto renewal system over fixed deposit account where the investmentor’s interest are duly protected without any loss of interest  by automatic renewal. This Bank has not updated their system and for that reason a bona fide consumer has denied from getting due interest in due time as the fixed deposit was lying idle for the period from 16/9/2017 to 2/5/2018. The said fixed deposit last time was renewed on 2/5/2018, the complainant has to accept the rate of interest at the rate of 6 per cent per annum, if the auto renewal system was in existence in the said Bank on 16/9/2017, the consumer could have accrued interest at the rate of 6 per cent per annum, since 16/9/2017 and this loss could not be compensated in due time by the Bank Authority and this attitude and process of bank simply indicates the deficiency of service on the part of the bank and for that reason, rupees 10,000 as compensation claimed by the complainant is not harsh and excessive one and bank should provide the said compensation to a bona fide customer who is already harassed due to non-implementation of auto renewal system in the branch of the bank. So in our view Ld. Forum had the opportunity to justify the claim of the complainant but it was deliberately ignored.

Thus, the appeal succeeds and requires the final order of the Ld. .D.C.D.R.F ,Dakshin Dinajpur, to be modified.

            Hence, it is

Ordered,

That the appeal be and the same is allowed on contest without any cost. The complainant/appellant is entitled to get a compensation to the tune of rupees 10,000 from The United Bank of India, Balurghat Branch for deficiency of service its his part and the said amount shall be directed to be credited into the SBI account of the appellant within one month, failing which interest at the rate of 6 per cent per annum shall be carried on. No order of litigation cost is hereby preferred.

Let the order be supplied to parties free of cost and also to be sent to the Ld. D.C.D.R.F., Dakshin Dinajpur by E-mail.