This is a complaint filed U/s. 12 of Consumer Protection Act by the complainant Nagappa against Respondent Manager, Union Bank of India, Raichur. 2. The brief facts of the complaint are as under: The complainant is having SB account, with Respondent Bank vide S.B.A/c. No. 10939 (present No. 331802010010939) which he had opened in the Respondent Bank on 11-11-02. On that day the complainant had deposited sum of Rs. 12,000/- and thereafter on 13-12-03 he has withdrawn a sum of Rs. 10,000/- by leaving balance of Rs. 2,080/- including interest amount as per the entries made in the Pass book and there afterwards a sum of Rs. 2,192/- is shown as the balance out-standing at the credit of the account of complainant. After this transaction with the Respondent-bank, no amount was received (withdrawn) from his account and the complainant was under impression that a sum of Rs. 2,000/- and odd might have been outstanding in his account. But suddenly an entry has been made in his Pass book on 24-01-04 showing withdrawal of a sum of Rs. 2,000/- from his account though no such withdrawal has been made by him from his account. Then he went to the Respondent Bank and showed no such withdrawal made by him and thereafter the Respondent Bank asked him to give a representation in that regard and accordingly on 02-03-07 he gave a representation to the Respondent to verify the entries in his pass book. Even after the receipt of such representation by him, the Respondent Bank has not taken any action either to rectify the entry in his pass book or replied to his representation. After withdrawal of Rs. 10,000/- from his Pass book on 13-02-02 this complainant has not at all either deposited or withdrawn any amount and entries shown as transfer and withdrawal of sum of Rs. 2,000/- on 24-01-04 is totally false entry. In-fact the complainant has not withdrawn any amount. As per the direction of the bank authorities he gave representation on 02-03-07 to verify the entries in his Pass book. But the Respondent Bank have neither made any such rectification in his bank account nor replied to his representation. This clearly goes to show deficiency in service by the Respondent. Hence the complainant has sought for direction to the Respondent to pay his balance amount of Rs. 2,000/- interest at Rs. 1,000/- on the sum from 24-01-04 upto date and damages and Rs. 5,000/- towards damages for deficiency in service together with cost of Rs. 1,000/- in all he has sought for Rs. 9,000/-. 2. The Respondent Bank has filed written version contending that the complainant himself has given an application in the Form of Additional deposit form by signing it for depositing the said amount of Rs. 2,000/- in the Fixed Deposit for a period of (12) months and submitted a self-signed withdrawal form for Rs. 2,000/- from his S.B. A/c. for depositing the same. Accordingly the Respondent Bank has transferred Rs. 2,000/- from his pass book and put the said amount in the FD for a period of one year vide voucher FD Receipt No. 0938534/2121 maturing on 24-01-06 and it was handed over to the complainant. Hence there is no deficiency in service and negligence on the part of the Respondent. Since the complainant has not furnished original FD Receipt for encashment so as per prevailing Banking Rules, the Respondent Bank has renewed the said FD for Rs. 2,107/- to mature on 24-01-07 and maturity value of Rs. 2,265/- which was again renewed on 24-01-07 for further (12) months from 24-01-07 to 24-01-08 and the maturity value will be at Rs. 2,421/- vide FD Receipt No. 3031010389. The complainant has not approached for the payment or renewal. The Respondent Bank has transferred the amount of Rs. 2,000/- from the Pass book as per instructions of complainant and made the same in FD for (12) months as per Rules of RBI and the same in FD Receipt is renewed as on its maturity as and when matured. As per the representation dt. 02-03-07 the Respondent Bank verified the account of the complainant and found correct. Hence the allegations made against the Respondent Bank are baseless and denied. The complainant is now entitled to receive FDR amount which is available with the Bank. So there is no negligence or deficiency in service on the part of the Respondent Bank. Hence for all these reasons the Respondent Bank has sought for dismissal of the complaint with exemplary cost. 3. During the course of enquiry the complainant has filed his sworn-affidavit by way of examination-in-chief reiterating the contents of his complaint. In-rebuttal the Respondent Bank has filed the affidavit of Senior Manager of the Respondent Bank by way of examination-in-chief reproducing the contents of written version. On behalf of complainant four documents are got marked as Ex.P-1 to Ex.P-4 and the Respondent Bank has produced two documents at Ex.R1 & Ex.R-2. 4. Heard the arguments of both sides and perused the records. The following points arise for our consideration and determination: 1.Whether the complainant proves deficiency in service by the Respondent Bank, as alleged.? 2.Whether the complainant is entitled for the reliefs sought for? 5. Our finding on the above points are as under:- 1.In the affirmative. 2. As per final order for the following. REASONS POINT NO.1:- 6. There is no dispute that the complainant is the holder of SB A/c. bearing No. 10939 (old) (New No. 331802010010939). It is the case of the complainant that on 13-02-03 after withdrawal of Rs. 10,000/- out of opening balance of Rs. 12,080/- there remained a sum of Rs. 2,080/- in his A/c. as per the entries made in his Pass book. There afterwards his bank balance is shown as Rs. 2,192/-. Even though no amount was withdrawn by him his Pass- book as on 24-01-04 is showing withdrawal of Rs. 2,000/-. So he made enquiry with the Respondent Bank and they asked him to give a representation in that regard, accordingly on 02-03-07 he gave a representation to verify the entries made in the Pass-book. Even thereafter the Respondent Bank has not taken any action either to rectify the entry in the Pass-book or rectify to his representation. The entries shown as transfer and withdrawn a sum of Rs. 2,000/- on 24-01-04 is totally false entry and so there is deficiency in service by the Respondent Bank. 7. The Respondent Bank has contended that the complainant-himself had given an application in the Form of Additional Deposit Form by signing it for depositing the said amount of Rs. 2,000/- in the F.D. for a period of (12) months and submitted a self signed withdrawal for Rs. 2,000/- from his SB A/c. for depositing the same and accordingly the Respondent Bank has transferred the amount of Rs. 2,000/- from his SB A/c. and put the same in the F.D. for a period of one year under FDR No. 0938534/2121 maturing on 24-01-06 and it was handed over to the complainant. It is further contended that as the complainant has not furnished original FD Receipt after maturity period so the Respondent Bank has renewed the maturity amount of Rs. 2,107/- for further one year as per prevailing banking Rules. The maturity amount of Rs. 2,265/- was again renewed on 24-01-07 for further period of (12) months from 24-01-07 to 24-01-08 vide FD Receipt No. 3031010389 and the maturity value will be at Rs. 2,421/-. The complainant has not approached for payment of renewal. 8. The complainant has produced four documents at Ex.P-1 to Ex.P-4 which are (1) Copy of legal notice dt. 15-06-07 (2) Copy of Extract of Bank A/c. (3) Copy of his representation dt. 02-03-07 and (4) Original Pass-book. They are (1) True copy of Self Withdrawal Form-cum- Voucher dt. 24-01-05 for Rs. 2,000/- duly signed by the complainant and (2) True Copy of Additional Deposit Form duly signed by the complainant. Ex.P-4 the Original pass book of the complainants S.B. A/c. It shows the admitted transaction upto 13-02-03 showing the balance of Rs. 2,192/-. The Pass book entry dt. 24-01-04 (this figure 4 appears to be altered/over written as 04 for the figure5) shows withdrawal of Rs. 2,000/- from his account by leaving a balance of Rs. 192/-. Ex.R-1 the Copy of Self Withdrawal Form-cum-voucher shows withdrawal of Rs. 2,000/- on 24-01-05 by the complainant-Nagappa. Ex.R-2 the True copy of Additional Deposit Form shows for depositing Rs. 2,000/- in the FD for (12) months and it also shows fetching of interest at 5.25 p.a. If Ex.R-1 & Ex.R-2 are taken into account along with Pass book entry, it shows that out of balance of Rs. 2,192/- a sum of Rs. 2,000/- has been withdrawn on 24-01-05 and figure 5 has been altered/over written showing it as 04. This Pass book further shows a closing balance of Rs. 192/- after withdrawal of Rs. 2,000/- in the total balance of Rs. 2,192/- and it further shows some withdrawal out of Rs. 192/- by leaving a balance of Rs.61/- as on 29-06-06. Ex.P-2 is the Copy of Extract of Bank A/c. of complainant showing the same entries of the Pass book upto 29-06-06 and it further shows adding of Re. 1/- towards interest on 07-08-06 showing the total balance of Rs. 62/- as on 07-08-06 and withdrawal of Rs. 25/- on 27-09-06 by leaving a balance of Rs. 37/-. Ex.P-3 is the letter/representation of the complainant dt. 02-03-07 to the Respondent Bank stating that after withdrawal at Rs. 10,000/- on 13-02-03 and by adding interest on the balance, there was a balance of Rs. 2,192/- in his A/c, but in the Pass-book Rs. 2,000/- has been shown as To Tra (Transfer) on 24-01-04. So he requested to rectify his account and to make entry regarding bank balance of Rs. 2,192/- in his Account. 9. As seen above the Pass book Ex.P-4 shows the entry of transfer of Rs. 2,000/- out of his balance amount of Rs. 2,192/- as on 24-01-04 and the figure 4 clearly shows altered for the figure 5 by over writings as discussed above. Ex.R-1, the Self Withdrawal Form-cum-voucher of the complainant dt. 24-01-05 shows withdrawal of the said amount of Rs. 2,000/- from his SB A/c. Ex.R-2 is the Application of the complainant for investing Rs. 2,000/- in the FD duly signed by him. So from Ex.R-1 & Ex.R-2 it shows that on 24-01-05 the complainant invested Rs. 2,000/- in the FD by withdrawing Rs. 2,000/- from his SB A/c. So the entry in the Pass-book at Ex.P-4 showing Rs. 2,000/- as To Tra indicates the transfer of said amount to the FD A/c. of the complainant. 10. The complainant contends that he has not given any application for opening of FD A/c. and for that he has not given Self Withdrawal Form for transferring Rs. 2,000/- to the FD A/c. It is also his case that after noticing shortage of Rs. 2,000/- in the balance of his Pass book and entry of To Tra in the Pass-book so he made enquiry with the Respondent-Bank and at their instance he gave a representation on 02-03-07. Even after receipt of such representation the Respondent Bank has not taken any action either to rectify the entry in his Pass-book or replied to his representations. Ex.P-3 is the said representation dt. 02-03-07. Admittedly the Respondent Bank has not replied to this representation of the complainant. The Respondent Bank in the written version has contended that the complainant-himself has opened the FD A/c. by filing application at Ex.R-2 and as per his Self Withdrawal Form at Ex.R.1, Rs. 2,000/- was transferred from his SB A/c. to FD and FDR bearing No. 0938534/2121 maturing on 24-01-06 was handed over to the complainant. It is also contended that the complainant has not furnished FD Receipt for encashment on maturity so the bank has renewed the said FD for Rs. 2,107 for one more year till 24-01-07 and the maturity value of Rs. 2,265/- was again renewed on 24-01-07 for further (12) months from 24-01-07 to 24-01-08 vide Receipt No. 3031010389 and maturity value will be Rs. 2,421/-. From this contention it discloses that after the expiry of the first FD period on 24-01-06, the complainant did not furnish FD Receipt for encashment so it was renewed for subsequent year till 24-01-07 and again it was renewed for the third year till 24-01-08 and maturity value will be Rs. 2,421/-. But when according to the Respondent-Bank the first FD was being renewed for second year & third year on the failure of furnishing the original Receipt, then it was incumbent upon the Respondent Bank to answer these facts in reply to the representation of the complainant made vide Ex.P-3 on 02-03-07. If the complainant-himself had opened FD A/c. then in the natural course of events he could have encashed FD amount on maturity date or would have renewed the same. The Respondent Bank has not produced any piece of paper to evidence that they had given intimation to the complainant regarding maturity of the 1st, 2nd & 3rd FDs. Had the Respondent Bank intimated the date of maturity of the FDs then the things are different which could have avoided the confusion in the mind of the complainant regarding missing of Rs. 2,000/- from his SB A/c. Even the Respondent Bank was not fair in replying to the representation of the complainant dt. 02-03-07 vide Ex.P-3. The non-reply to the said representation by the Bank made complainant to knock the door of this Forum. If these factors are taken into account, it amply shows that the Respondent Bank was not diligent, and negligent and also deficient in dealing with the bank transaction to its customer/complainant. Further these factors gives rise to strong suspicion regarding opening of the FD A/c. by the complainant-himself. The Respondent Bank has not produced office copy of the original FDR said to have been furnished to the complainant on the renewal of FD. If they had furnished then the copies of the same would have cleared the cloud of suspicion as contended by the complainant. Hence for all these reasons we hold that that the complainant has proved deficiency of service by the Respondent-Bank which unnecessarily made the complainant to file this complaint. Therefore Point No-1 is answered in the affirmative. POINT NO.2:- 11. The complainant has sought for direction to the Respondent-Bank to pay Rs. 2,000/- towards the balance outstanding in his A/c, Rs. 1,000/- towards upto date interest from 24-01-04, Rs. 5,000/- towards damages for deficiency in service and Rs. 1,000/- towards cost, thus totaling to Rs. 9,000/-. As per the Respondent Bank the renewed FD will be matured on 24-01-08 with the maturity value of Rs. 2,421/- vide FDR No. 3031010389. So the complainant is entitled to receive this amount. The claim regarding other reliefs are concerned, in-view of our finding on Point No-1 holding deficiency of service by the Respondent-Bank, we feel justified to saddle the Respondent Bank by awarding total compensation of Rs. 5,000/- including cost. In this view of the matter we pass the following order: ORDER The complaint of the complainant is allowed in part. The Respondent Bank shall pay FD matured amount of Rs. 2,421/- under FDR No. 3031010389 on its maturity on 24-01-08 by promptly issuing necessary intimation to the complainant in that regard. The Respondent Bank shall also pay saddled compensation of Rs. 5,000/- to the complainant. The Respondent Bank shall comply this order within a week from maturity of FD on 24-01-08. Office to furnish certified copy of this order to both the parties forth with free of cost. (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 28-12-07) Sd/- Sd/- Sd/- Smt.Pratibha Rani Hiremath, Sri. Gururaj Sri. N.H. Savalagi, Member. Member. President, Dist.Forum-Raichur. Dist-Forum-Raichur Dist-Forum-Raichur.
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