STATE CONSUMER DISPUTES REDRESSAL COMMISSION MADHYA PRADESH FIRST APPEAL NO. SC/23/FA/532/2016 CENTRAL BANK OF INDIA PRESENT ADDRESS - SHRI KRISHNA MOTORS, SAKHIYA VILLAS, JHANSI ROAD, GWALIOR. ,MADHYA PRADESH.

.......Appellant(s)

Versus SANJAY AGARWAL PRESENT ADDRESS - 28/163, NAI WALI GALI, GOKULPURA RAJA KI MANDI, AGRA. ,MADHYA PRADESH.

.......Respondent(s)

BEFORE:

HON'BLE MRS. JUSTICE SUNITA YADAV , PRESIDENT HON'BLE MRS. DR. MONIKA MALIK , MEMBER FOR THE APPELLANT:

CENTRAL BANK OF INDIA FOR THE RESPONDENT:

SANJAY AGARWAL DATED: 18/03/2026

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PLOT NO.76, ARERA HILLS, BHOPAL FIRST APPEAL NO. 532 OF 2016

(Arising out of order dated 28.03.2016 passed in C.C.No.409/2015 by District Commission, Gwalior)

1. ASSISTANT GENERAL MANAGER,

CENTRAL BANK OF INDIA,

ABOVE KRISHNA MOTORS,

SAKHIYA VILAS, JHANSI ROAD,

GWALIOR (M.P.)

2. BRANCH MANAGER, CENTRAL BANK OF INDIA, BRANCH-MOHNA, DISTRICT-GWALIOR 9M.P.) … APPELLANTS.

Versus SANJAY AGRAWAL, S/O LATE DINESH CHANDRA AGRAWAL, R/O 28/163, NAI WALI GALI, GOKULPURA, RAJA KI MANDI, AGRA, UTTAR PRADESH ... RESPONDENT.

BEFORE :

HON’BLE JUSTICE SUNITA YADAV : PRESIDENT HON’BLE DR. MONIKA MALIK : MEMBER COUNSEL FOR PARTIES :

Shri Lalit Gupta, learned counsel for the appellants.

None for the respondent.

O R D E R

(Passed On 18.03.2026)

Per Say Justice Sunita Yadav, President:

The opposite parties-Central Bank of India (for short 'bank') has filed this appeal against the order dated 28.03.2016 passed by the District Consumer Disputes Redressal Commission, Gwalior (for short ‘District Commission)

in C.C.No.409/2015 whereby the District Commission has allowed the complaint filed by the respondent /complainant.

2. Facts of the case in short are that the opposite party no.2-bank issued two FDRs having numbers 223656 & 223655 for Rs.1,00,000/- and Rs.1,40,000/- respectively on 26.11.2013 having maturity date 04.06.2015. The complainant applied for transfer of said FDRs from Branch-Mohna, Gwalior to Branch-Civil Lines, Agra (UP) but the opposite parties bank did not transfer the same even after the maturity date. On enquiry it was informed that the said FDRs were renewed. The complainant/respondent also gave legal notice which was not replied nor the FDRs were transferred to Branch-Civil Lines, Agra (UP). The complainant therefore alleging deficiency in service and unfair trade practice on part of opposite parties bank approached the District Commission seeking relief.

3. The opposite parties/appellants in their reply before the District Commission submitted that the complainant's brother Atul Singhal was posted as Manager in Central Bank of India, Branch-Mohna, Gwalior and due to misappropriation of funds he was terminated from the services. The complainant's brother Atul Singhal by misusing the position of branch manager, misappropriated the money and distributed the loans in wrong manner and the money so received was deposited Rs.1,00,000/- & Rs.1,39,000/- in the account of his family member Sanjay Agrawal on

25.11.2013 after transferring the said amount from his own account no.20112145770 with the State Bank of India, Raja Ki Mandi, Agra. Out of the said amount FDRs for a sum of Rs.1,00,000/- & Rs.1,40,000/- were prepared in Central Bank of India, Branch-Mohna where Atul Singhal was posted as a Branch Manager and he prepared the aforesaid FDRs in the name of Sanjay Agrawal. Thus in the name of Sanjay Agrawal benami investment was made by preparing FDRs. Since the complainant's brother by his signature invested the amount, therefore the complainant is not a consumer and therefore, the complaint is liable to be dismissed.

4. The District Commission partly allowed the complaint against the opposite party no.2-Central Bank of India, Branch-Mohna, District-Gwalior and directed the bank to pay maturity amount of Rs.1,14,536/- of FDR no.223656 (C-1) and maturity amount of Rs.1,69,351/- of FDR no.323655 (C-2) along with interest @ 8% p.a. from 04.06.2015 till payment, within a pe