Date of Filing: 15.11.2019
Date of Judgment: 30.08.2022
Mrs. Sashi Kala Basu, Hon’ble President
This complaint is filed by Sri Krishna Kumar Singh under section 12 of Consumer Protection Act 1986, against opposite parties ( herein after referred as OPs) 1) Chairman, SBI , 2) Zonal Manager SBI and 3) Chief Manager SBI alleging deficiency in service on their part.
Case of the complainant in short is that he had opened a saving bank account bearing no 109589905698 with the O.P. no 3 and being pleased with the service rendered opened a fixed deposit account on 14th October 2013 being FD A/C No.33376927396 for a period of 10years i.e. to end on 14th October 2023 and it bore a fixed rate of interest @ 9% for the entire duration with a clause that the monthly interest being a sum of Rs 7444/- shall be credited to the saving bank A/C. Due to some urgent requirement of money instead of closing the FD account, he opened a overdraft account with the OP no 3 and Overdraft account no 3339409263 was opened on 22.10.2013 bearing drawing limit of Rs 900000/- and rate of interest to be charged was at 9.5% per annum. Complainant had drawn the overdraft account till 26.03.2014 for a total outstanding amount of Rs 833735/- inclusive of interest charged thereon. In the month of April 2014 Complainant addressed the OP No 3 for the purpose of closing the fixed deposit Account for a sum of Rs 1000000/- and for using such amount to settle the dues of overdraft Account. Interest was charged by OP No 3 on 31.03.2014 on the amount debited of Rs 20000/- on 26.03.2014 and thus bringing the total amount to Rs 840044/- as dues in the overdraft account. The remaining amount in the fixed deposit after adjustment was to be deposited in the saving bank account of the Complainant. But OP No 3 did not comply with such request instead began debiting the interest received by the Complainant from fixed deposit account and crediting the same in the Overdraft account and further at his own accord credited amount of Rs 6699/- instead of entire interest amount of Rs 7444/- received from the F.D account. OP No 3 also in violation of its own term debited sum of Rs 10000/- and Rs 12000/- from the saving bank A/C of the Complainant and credited the same in overdraft account on 31.03.2018 and 19.07.2018 respectively. OP No 3 thereafter sent a demand notice dt 22.04.2019 claiming a sum of Rs 53841.36 paise which allegedly had fallen due in the overdraft account which had limited sanction of Rs 900000/- Complainant than wrote to OP No 1 & 2 that he had already requested the OP No 3 in April 2014 to settle the dues at that time of Rs 840044/- from the F.D Account of Rs 1000000/- But all in vein and thus the present Complaint has been filed by the Complainant praying for directing the OP No 3 to refund the remaining amount of Rs 159956/- to the Complainant which remains in excess after adjustment of Rs 840044/-, to refund Rs 10000/- & Rs 12000/- debited from saving bank account, to return the documents and to issue no objection certificate and to pay compensation of Rs 300000/- and the cost.
Opposite Parties are contesting the case by filing written version denying and disputing the allegations levelled against it (SBI) contending specifically that no instruction was given by the Complainant to close the FD account and to use the amount thereon to settle the dues of overdraft account. The rate of interest of overdraft account was 10% and not 9.5%. The amount of Rs 10000/- and Rs 12000/- which was debited from the S/B A/C was the interest of term deposit which was wrongfully credited to the S/B account. Since the Complainant did not close his overdraft account and when the bank noticed that overdraft account crossed the limit of Rs 900000/-, at that time bank credited the matured amount of F.D account to overdraft account as the OP is empowered to exercise right of lien. It is further contention of the OPs that after crediting the matured value of the fixed deposit, there is Rs 53841.36 fallen due and payable on overdraft account, so the demand notice has been sent. Thus the OPs have prayed for dismissal of the case.
During the course of trial Complainant filed his evidence in examination-in-chief on affidavit but no questionnaire was filed by the OP as no step was taken by the OP. Neither any evidence of examination-in-chief on affidavit was filed by the OP and thus the case was fixed for argument. However both parties have filed brief notes of argument and have also advanced arguments.
Thus the following points require determination:-
- Whether there has been deficiency in rendering service on the part of the OPs?
- Whether the Complainant is entitled to the reliefs as prayed for?
DECISION WITH REASON:
Both the points are taken up for a comprehensive discussion in order to avoid repetition. Complaint has filed documents wherefrom it is evident that Complainant had three bank account with the OP No 3 i.e saving bank account being no 10958905658, Fixed deposit account 33376927396 opened on 14.10.2013 of Rs ten lacs for a period of ten years and an overdraft account being no 33394092363 opened on 22.10.2013 bearing drawing limits of Rs 9 lacs. There is no dispute and denial by OP about these accounts barring that the rate of interest of overdraft account was 10% and not 9.5% as alleged by the Complainant. According to OPs that an overdraft account interest is always 1% more than the interest given in Fixed deposit (in this case F.D given 9%).
Bone of contention in this case is, whether any intimation or request was made by the Complainant to the OP No 3 in April 2014to close the F.D Account and to use the amount therein of Rs 10 lacs to settle the overdraft dues at that time of total sum of Rs 840044/-. OP has completely denied about receiving any such request or intimation from the Complainant. In such a situation it has to be considered whether there is any document before this commission to substantiate the said claim of the Complainant. No such letter or intimation is filed by the Complainant in support of his claim that in April 2014, he had asked to close overdraft account by closing the term deposit account and to adjust the amount in FD to settle the dues in OD Account. Only letter coming forward before this commission is dated 10.05.2019 which was sent by the Complainant on receipt of the demand notice sent by the Complainant. In the said letter dated 10.05.2019 also Complainant has not stated the date when the alleged letter for closure of account was given to the bank.
However in the complaint, complainant has stated that he intimated for closure in April 2014 and has claimed that when the amount due in the OD account in total was Rs 840044/-. He has filed the statement of account of OD Accountfor the period from 01.10.2013 to 31.03.2014 showing that on 31.03.2014 amount due was Rs 840044/-.However OPbank has also filed the statement of account for the period from 22.10.2013 to 01.06.2019 in respect of the overdraft account and on a carefulscrutiny of the same it appears that account was not closed by the complainant in April 2014 as claimed by him. On the contrary, statement reveals that complainant on 03.04.2014 had transferred an amount of Rs 15000/- to his saving bank account from OD account. Again 3.5.2014 Complainant has withdrawn amount of Rs 20000/- through ATM at Kidderpore and on 23.06.2014 he transferred an amount of Rs 11000/-to his saving bank account. So it is evident from the statement of OD account filed by the OP bank that even in May and June 2014 complainant was operating that account and was withdrawing and transferring the sum which clearly belies his claim that he had sent letter or intimation in April 2014 to close the FD account and to settle the dues of OD account. Complainant in this case has cleverly filed the statement of OD Account only till 31.03.2014 and suppressed the fact that even thereafter he had withdrawn the amount from the said OD account. If he had sent the letter in April 2014 than how he could operate the account even thereafter? Complainant in this case has claimed that he is entitled to the remainder amount of Rs 1,60,000/- of FD account of Rs 10,00,000/- after adjusting and settling the dues of 8,40,044/- of OD account but it is clear from the statement of OD Account filed by the bank that Complainant had already used the maximum limit of Rs 9,00,000/- in the OD account as on 23.06.2014. So it is apparent that the Complainant has not approached this commission clean hands. If there was no intimation for closure of OD Account, interest will accrue, which the Complainant is liable to pay. Thus we find no reason to accept the claim of the Complainant. It may be pointed out that the own document filed by the Complainant i.e statement of account for the period from 01.10.2013 to 31.03.2014 indicates that the rate of interest for OD account was 10%.
It may also be mentioned that OP bank has explained that Rs 10,000/- & Rs 12,000/- claimed by the Complainant to be refunded was in effect credited wrongly in his S/B account and so it was debited from saving bank account and credited in the OD account. Said contention of the OP bank gets strength because before opening of OD account, the interest of FD account was to be credited in the S/B account. So the contention of the OP bank that it was wrongly done, cannot be ruled out. Same appears to be a bonafide error.
Regarding claim of the Complainant that overdraft account summary dt 01.06.2019 shows “Uncleared Balance” “00” in the account 33394092363, in this regard it may be pertinent to point out that unclear balance “00” is not in respect of the overdraft account but it is in respect of FD Account. Same is evident categorically from the statement of account filed by the OP bank of FD Account being no 33376927396, for the period from 14.10.2013 to 30.06.2019.
So in view of the discussions as highlighted above, Complaint is liable to be dismissed.
Hence
Ordered
CC/585/2019 is dismissed on contest.
