FA/09/222. Case: Mr. Ujjal Kr. Das S/o Late Nakuleswar Das C/o. Radharani Das Vs 1. State Bank of India, Garulia Branch Manager, 2. Smt. Alorani Das C/o. Late Nakuleswar Das, 3. Smt. Tulshi Rani Das C/o. Late Nakuleswar Das. West Bengal State Consumer Disputes Redressal Commission

Parts:Mr. Ujjal Kr. Das S/o Late Nakuleswar Das C/o. Radharani Das Vs 1. State Bank of India, Garulia Branch Manager, 2. Smt. Alorani Das C/o. Late Nakuleswar Das, 3. Smt. Tulshi Rani Das C/o. Late Nakuleswar Das
Issuing Organization:West Bengal State Consumer Disputes Redressal Commission
Resolution Date:September 17, 2009
Case:FA/09/222
Ley aplicable:Consumer Law
Judges:Mr. P.K.Chattopadhyay, Member and Mr. S.Coari, Member
 
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Order:

Mr. S.Coari, Ld. Member

The present Appeal has been directed against the judgement and order dt. 20.4.09 passed by District Consumer Disputes Redressal Forum, North 24 Parganas in D.F. Case No. 6/2006 wherein the Ld. District Forum dismissed the petition of complaint on contest without cost.

The complainant''s case before the Ld. District Forum, in brief, was that the complainant had a fixed deposit account along with his mother for Rs. 40,000/- with the OP/Bank under reinvestment plan being Certificate No. SD/A/4271551 dt. 26.8.98. The complainant got the fixed deposit amount encashed prematurely and accordingly the OP/Bank credited the foreclosure amount of Rs. 51,477/- in the Savings Bank account of the complainant along with interest. On 26.8.05 while the complainant updated his S.B.Account noticed that the encashed amount of the aforesaid fixed deposit amount of Rs. 51,477/-, which was credited earlier, was debited by the bank without the consent of the complainant. The complainant on repeated enquiry failed to know the reason for such withdrawal and ultimately after serving legal notice upon the OP/Bank filed the petition of complaint for proper redressal.

The OP/Bank contested the case by filing written version thereby denying all the material averments of the petition of complaint contending inter alia that the F.D. Account which was opened by the complainant along with his mother was put as security towards the business loan sanctioned to the sister of the complainant namely Smt. Alo Das, as per written consent of the mother of the complainant. Subsequently, the mother of the complainant requested the OP/Bank for premature encashment of the STDR and credit the proceeds thereof towards adjustment of loan to her daughter. The bank accordingly credited the amount of Rs. 71,078/-in the loan account on premature encashment of the aforesaid fixed deposit account. It was the further case of the OP/Bank that Rs. 51,477/- was erroneously credited to the account of the complainant, to which the complainant was not at all entitled as the assured sum was pledged as security to the loan granted to Smt. Alo Das, i.e. the sister of the complainant. The subsequent actions or acts on the part of the OP/Bank was as per banking rules and in the absence of any deficiency of service the petition of complaint was liable to be dismissed with cost.

The Ld. District Forum while disposing of the petition of complaint has observed that the complainant tried to...

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