JUDGMENT

            The complainant has filed this complaint u/sec. 12 of the Consumer Protection Act – 1986 against the Ops bank alleging deficiency in service in not settling the FD amount of Rs.81,698/- (Rupees eighty-one thousand six hundred and ninety eight only) to the complainant.  Hence prays for settling the FD amount of Rs.81,698/- along with interest of 18% along with sum of Rs.2,00,000/- towards compensation for mental agony and harassment and Rs.1,00,000/- for financial loss and Rs.5,000/- for litigation expenses.

             Brief averments of the Complaint are as under;

            2.  The complainant has fixed deposited Rs.1,00,000/- in the OP bank for a period of two months.  The said amount is deposited receipt No. 254.  The complainant further alleged that on the maturity date of the FD, the Op’s bank agreed to give Rs.1,01,698/- to the complainant.

            The complainant further alleged that after maturity of the FD amount, the complainant was in need of money.  So he went and requested the Op’s bank to give his FD amount back.  The Op’s bank instead of giving his amount back on one or other pretext, went on postponing by giving one or the other reasons.  Instead of refunding the amount to the complainant, the Op’s bank without seeking permission from the complainant, deposited the amount to the savings bank
A/c No. 433.  They themselves have transferred the said maturity amount to the complainant’s account on 28-12-2014.  As the complainant is an agriculturist, he was in need of money to purchase agriculture products like Seeds, manure, etc.,.  So again the complainant requested the Op’s bank to give the amount to him along with interest.  Inspite of several requests, the Op’s bank did not refund his amount back.  So on 28-12-2014, the Op’s bank funded only Rs.20,000/- and did not refunded the balance amount of Rs.81,698/- till date.  So the Op’s bank instead of refunding his amount were postponing day by day without any reasons.

            The complainant further alleges that the Op’s bank have not given his FD amount after the maturity period and instead of giving his amount back without the permission of the complainant, Op’s bank have deposited the amount in his Savings account and only Rs.20,000/- is released from the account till date.

            The complainant further alleges that several time he requested the Op’s bank to refund his amount.  But the Op’s bank did not heed his request and went on delaying in refunding his amount without valid reasons.  So the complainant after being fed-up issued a legal notice through his advocate on 07-04-2015 and the same is served on them.  The Op’s bank did not give any reply notice to the said notice.  Hence prays for the direction for settling the amount of Rs.81,698/- along with 18% of interest from the date of transfer of the amount to the Savings Account i.e. 28-12-2014 along with a sum of Rs.2,00,000/- for physical and mental agony, Rs.1,00,000/- for financial loss and Rs.5,000/- for litigation expenses.

            3.  This Forum after admitting the complaint, issued notice to the opponents.  In pursuance of issuance of notice to the opponent, the Opponents did not appear before the Forum and they have been placed exparte and the case was posted for complainant evidence.

            4.  During the evidence, the complainant examined himself as PW1.  He got marked the documents as Ex.A.1 to Ex.A.5 and closed on their side evidence.

5.  Heard the counsel for complainant and perused the records.

6.  Now the points that arises for our consideration are;

POINTS

1.  Whether the complainant proves that there is deficiency in service on the part of OP in not settling the claim of FD amount of Rs.81,698/-?

2. Whether the complainant is entitled for the relief sought for?

3. What order?

7.  Our findings;

Point No. 1 :   Affirmative

            Point No. 2 :   Affirmative

                  Point No. 3 : As per final Order for the following

REASONS

8.  POINT No. 1 and 2:  As these two issues are interconnected each other, hence they are taken together for common discussion to avoid repetition of facts, evidence documents and arguments.

            It is the case of the complainant against the opponents alleging the deficiency in service in not settling the FD amount.  To prove the case of the complainant, the PW1 has reiterated the complaint averments in his examination in chief and in support of his case, he has produced the documents.  On going through the documents produced by the complainant, i.e. the pass-book issued by the OP bank, which has been marked as Ex.A.1, wherein, the document clearly shows the name of the complainant, the Savings Account number and the entries made by the bank authorities in the passbook.  On perusal of Ex.A.1, it can be said that on 18-12-2014, an amount of 1,01,698/- is deposited and on the same date an amount of Rs.20,000/- is withdrawn and the balance of Rs.81,698/- is remaining.  Therefore, it is crystal clear that an account was existing, in which amount is deposited and withdrawn and the balance amount of Rs.81,698/-.  He has alleged that inspite of several requests made by him, the OP did not refund the amount to the complainant.  So, the complainant has issued a legal notice to the Ops, i.e., Ex.A2, Ex.A.3 and Ex.A.4.  Ex.A.2 clearly reveals that a legal notice is issued to Ops bank and the contents of the notice clearly speaks that there is a balance of remaining amount to be refunded by the OP bank.  Ex.A3 is the receipt of postal department and Ex.A.4 and Ex.A.5 acknowledgments, which clearly reveals that notice is served on the Ops.  After receiving the legal notice issued by the complainant, the Ops bank did not reply to the notice nor they refunded the amount to him.  From this, it is clear that the Ops have knowledge regarding the amount to be given to the complainant.  Therefore, it can be presumed that the opponents have not refunded the FD amount to the complainant and therefore, it is clear that definitely there is a deficiency of service on the part of the OP Bank in not refunding the amount to the complainant.

            The Ops’ bank have not appeared before this Forum to answer any of the allegations made by the complainant and have not shown any reasons for not refunding the FD amount to the complainant.  Therefore, it is clear case of deficiency in service on the part of OP. 

            Hence, Ops bank are liable for and responsible for not refunding the FD amount to the complainant of Rs.81,698/-.  They are also liable to pay Rs.20,000/- for deficiency in service and Rs.2,000/- for financial loss and Rs.2,500/- for litigation expenses to the complainant.  Hence, in the light of above observations, the complainant is entitled for the relief as prayed for.  Accordingly, we constrained to hold point No. 1 and 2 in the affirmative.

9.  POINT No. 3 :- Hence, in the result, we proceed to pass the following;

ORDER

            The complaint filed by the complainant is hereby partly allowed.

1. OP’s are directed to refund the FD amount of Rs.81,698/- (Rupees eighty-one thousand six hundred and ninety eight only) along with the interest at 12% p.a. on it from the date of filing of the complaint and also directed to pay Rs.20,000/- (Rupees twenty thousand only) for deficiency in service and Rs.2,000/- (Rupees two thousand only) for financial loss and Rs.2,500/- (Rupees two thousand and five hundred only) for litigation expenses to the complainant within one month from the date of receipt of this order.  Failing which, 12% interest will be charged from the date of complaint until realization.

2. Send the free copies of this order to both parties.

Dictated to the Stenographer, transcribed, typed by her, typescript, corrected by me and then pronounced in the Open Forum on 16-11-2015.

// ANNEXURE //

List of Documents Exhibited for the Complainant.

Witnesses examined for the Complainant / Respondent.