Avdesh Kumar S/o Sri R.C. Agrawal R/o 3/25 Jayakuteer, Lekhraj Nagar, Aligarh

                                                         V/s

1. Branch Manager, Canara Bank , Kela Nagar, Dodpur,  Aligarh
2. Regional Manager, Canara Bank, Address Near Soot Mill Chungi, G.T. Road, Aligarh

CORAM

 Present:                                   

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot,Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for issuing direction to op  to renew the FDR/ KDR with interest payable from time to time and also prayed for litigation expenses.

2. The Complainant has stated that he obtained FDR/KDR which are as under:-

1. KD 01/008011 dated 14.10.2007 for Rs.73177
2. KD 01/008008 dated 14.10.2007 for Rs.73177
3.  KD 01/008009 dated 14.10.2007 for Rs.73177
4. KD 01/008010 dated 14.10.2007 for Rs.73177
5. KD 01/008013 dated 02.11.2007 for Rs.57064
6. KD 01/008006 dated 18.11.2007 for Rs.60648
7. KD 01/008007 dated 18.11.2007 for Rs.60648
8. KD 2336401002930/1 dated 27.03.2008 for Rs.51620
9. KD 2336401002931/01 dated 27.03.2008 for Rs.51620
10. KD 2336401002936/01 dated 27.03.2008 for Rs.33731
11. KD 236401002939/01 dated 27.03.2008 for Rs.30466
12. KD 2336401003361/01 dated 20.05.2008 for Rs.75259
13. KD 2336401003362/01 dated 20.05.2008 for Rs.75259
14. KD 2336401003363/01 dated 20.05.2008 for Rs.75259
15. KD 01/007359 dated 02.06.2007 for Rs.95489

Complainant failed to get the FDR renew at when he submitted to the op to renew the FDR. OP refused to renew alleging that there is no provision of auto renewal . Complainant told the op that there is provision of auto renewal in nationalized bank and the op bank is also Nationalized bank. Complainant served the notice but no result.

3. Ops stated in WS that there was no provision of auto renewal of the FDR at the time when the all FDR were obtained Complainant has to moved application for renewal but he had not moved application and now he is believing the bank.         

4. Complainant has filed his affidavit and papers in support of his pleadings. Ops  have also filed affidavit and papers in support of his pleadings.

5. We have perused the material available on record and heard the complainant’s counsel.

6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. Admittedly, the complainant had deposed the amount in bank for the fixed terms through FDRs/KDRs and bank had agreed to pay interest on the amount deposed for the fixed term and on expiry of the term, the amount remained with the bank and the bank utilized the deposit in the same way as it had utilized prior to expiry of the term. In view of Principle of equity and justice op bank is liable to pay interest on the amount in the same way as it had paid prior to the expiry of the term of the FDRs /KDRs. Bank has mentioned no statutory provision against the auto renewal of the FDRs.thus the complainant is entitled relief claim.   
8. The question formulated above is decided in favor of the complainant.
9. We hereby direct the ops  to renew the FDR/ KDR with interest payable from time to time and Rs 10000 as litigation expenses.
10. Op shall comply with the directions within 301 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.    
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.