DATE OF FILING: 23.03.2017
DATE OF DISPOSAL: 24.05.2018
Sri Karuna Kar Nayak, President.
The complainant Smt. A. Lakshmi has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties ( in short the O.Ps.) and for redressal of her grievance before this Forum.
2. Briefly stated the case of the complainant is that she was deposited a tune of Rs.10,002/- in Vysya Bank ltd at Beerak Street near Venkateswar Temple, Berhampur towards term deposit on dated 01.06.2002 vide certificate No. AN 847965 for a period of 102 months with a promise to get Rs.20,023/- after maturity period due date on 01.12.2010. After maturity she approached the Vysya Bank Authority for withdrawal of term deposit but they intimated that the term deposit again auto renewed in favour of the complainant for a further period of 102 months without her knowledge and mentioned a new certificate No. 531092022847 on old TDR with a promise to send the new certificate will be dispatched in her postal address, with a good faith on Bank she returned with old term deposit receipt with new account number. After long waiting to get new term deposit the complainant went to meet Vysya Bank O.P.No.1 and get information that the Bank was closed and merged with the Kotak Mahindra Bank Ltd. O.P.No.2. Being a illiterate women she was failed to locates the exact address of the bank O.P.No.2, and after long period at last she find out the address and approached the Bank Manager of Kotak Mahindra Bank Ltd Berhampur alongwith his brother to O.P.No.2 Bank. After verification of records he agree with the facts of merger and promise to complainant to do the needful steps in this case within short period, with consultation with Head Office. But till today the bank O.P.No.2 not responded to pay the maturity amount, even after the Vysya Blank Ltd. merged with Kotak Mahindra Bank ltd as admitted by present Branch Manager of the said Bank. Further the authority of the Bank O.P.No.2 not responding to the complainant and showing negligent attitude. So the complainant approached the consumer advice and counseling centre for redress the matter by filings the case before consumer Forum. Accordingly the consumer advice and counseling center of FOCO/OCA at Berhampur issued a letter to O.P.No.2 Kotak Mahindra Bank vide letter No. 18/Foco/2016 dated 19.11.2016 requesting him to take steps to settle the matter by paying matured amount till today, by taking the original term deposits receipt issued by the Vysya Bank on dated 01.06.2002 but the Bank authority not responded till today even so may approaches of complainant representative of FOCO. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to pay the full payment of maturity amount from dated 01.06.2002 to till today with interest, compensation of Rs.25,000/- towards physical harassment and mental agony, Rs.5000/- towards litigation cost in the best interest of justice.
3. Upon notice the O.Ps filed version through his advocate. It is stated that in the year 2003 the name of the Vysya Bank Limited (O.P.No.1 herein) changed to ING Vysya Bank Ltd and as on 1st April 2015, the ING Vysya Bank Ltd. got amalgamated with O.P.No.2 (i.e. Kotak Mahindra Bank Limited) and O.P.No.1 (The Vysya Bank Limited OR ING Vysya Bank Ltd) does not exist as all the assets and liabilities of O.P.No.1 got vested in O>P.No.2 (i.e. Kotak Mahindra Bank Limited). This reply is being filed by answering O.P.No.2 (i.e. Kotak Mahindra Bank Limited). The allegation of complainant is vehemently denied that the maturity amount of Term Deposit Receipt was not paid to complainant. The amount of TDR was paid on 18.12.2012 even prior to merger of O.P.No.1 with O.P.No.2 in year 2015 and it is wrong to state that there is negligent attitude of O.P.No.2 and thus, the complainant has not approached this Hon’ble Forum with clean hands. In view of the facts above O.P.No.1 (i.e. merged entity) and O.P.No.2 is not liable for any amount to complainant. The complaint being devoid of merits deserve outright rejection. As per the records of the O.P.No.1 and 2 a term deposits receipt was issued by the O.P.No.1 in favour of Mrs. A. Lakshmi on 01.06.2002 for an amount of Rs.10,002/-vide No. 847965 A/C No. 2021/2 for the period of 102 months with maturity amount of Rs.20,023/-. On the date of maturity and on the request of the complainant the said TDR was renewed with maturity date of 02.06.2019 under new account number 531092022847. On 30.11.2012 the complainant approached the O.P.No.1 for withdrawal of the amount of TDR and as on said date the maturity amount was Rs.22,886.51 only. On 30.11.2012 the O.P.No.1 had make payment of the maturity amount of Rs.22,886.51 only including interest to the complainant by closing the TDR through pay order bearing serial No.0785547/2012-13 and the complainant received the said pay order from the O.P.No.1 by acknowledging properly. The said pay order was encashed on 18.12.2012 and the amount under the pay order was credited in an account bearing No.32709569464 maintained at State Bank of India, Bazar Branch, Berhampur in the name of A.Lakshmi Narasamma which was opened on 13.12.2012. After payment of maturity amount of TDR to the complainant on 30.11.2012 and after clearance of said amount on 18.12.2012, the relationship between the complainant and O.P.No.1 came to an end. After 18.12.2012 and after gap of near about five years, which is hopelessly barred by limitation, the complainant approached the Hon’ble Forum. Surprisingly after gap of near about five years the complainant filed the above frivolous or vexatious complaint against the O.Ps to extract easy money from the O.P.No.1 & 2, the complaint must be dismissed and complainant be held liable to pay cost of Rs.10,000/- as prescribed under Section 26 of the Consumer Protection Act, 1986.
4. On the date of hearing the authorized person for complainant and advocate for O.P. are present. We heard argument from both sides at length. We perused the complaint petition, written version, written argument and materials placed on the case record. As per the records of the O.P.No.1 and 2 a term deposits receipt was issued by the O.P.No.1 in favour of Mrs. A. Lakshmi on 01.06.2002 for an amount of Rs.10,002/-vide No. 847965 A/C No. 2021/2 for the period of 102 months with maturity amount of Rs.20,023/-. On the date of maturity and on the request of the complainant the said TDR was renewed with maturity date of 02.06.2019 under new account number 531092022847. On 30.11.2012 the complainant approached the O.P.No.1 for withdrawal of the amount of TDR and as on said date the maturity amount was Rs.22,886.51 only. On 30.11.2012 the O.P.No.1 had made payment of the maturity amount of Rs.22,886.51 only including interest to the complainant by closing the TDR through pay order bearing serial No.0785547/2012-13 and the complainant received the said pay order from the O.P.No.1 by acknowledging properly. After payment of maturity amount of TDR to the complainant on 30.11.2012 the relationship between the complainant and O.P.No.1 came to an end on 30.11.2012.
5. On foregoing discussion, it is clear evident that the O.Ps are not negligent in rendering proper service to the complainant. Hence in our considered view there is no deficiency in service on the part of the O.Ps.
6. In the result, the complainant’s case is dismissed against the O.Ps without cost.
The order is pronounced on this day of 24th May 2018 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of
