SMT. RAVI SUSHA: PRESIDENT
Complainant filed this complaint U/s 35 of Consumer Protection Act 2019, seeking to get an order directing opposite party bank to pay fixed deposit amount Rs.10,000/- with 12% interest from 04/11/1984 together with Rs.2,00,000/- towards compensation and Rs.10,000/- towards cost of the proceedings to the complainant alleging deficiency in service on the part of opposite party.
The case of the complainant is that complainant’s father has made a fixed deposit in the name of complainant vide receipt No.293/83 dated 03/12/1983. The father expired in 2007. Complainant submitted that after the death of her father she obtained the deposit receipt. Then she approached the bank for closing the account. Then the manager of the bank on 2008 informed that there was no such record available in bank and informed that bank will take further steps. From 2008 onwards complainant have gone to the Branch and approached the branch managers present from time to time and given request for getting the amount. Further the branch manager informed that they will inform after verifying the records, but there was no positive reply from the side of branch manager even after giving the original deposit receipt. At last on 03/04/2019, the complainant sent a letter with the copy of deposit receipt on 09/04/2019 the bank sent a reply to the complainant stating that they could not pay the amount as per FD receipt and returned the fixed deposit receipt.
Then on 2019 complainant has filed complaint before banking ombudsman but ombudsman dismissed the complaint with a finding that the complainant is at liberty to approach any other forum for redressal of her grievance. Hence filed this complaint. Complainant further submitted that from 2008 onwards she approached the OP bank for getting the deposit amount. Hence delay in filing the complaint was happened. According to complainant there was no willful latches happened form the side of complainant. According to complainant she is entitled to get the fixed deposit amount as stated in FD receipt No.293/83 with interest.
The OP denies the allegation that the complainant’s father has made affixed deposit in the name of the complainant vide receipt No.293/83 dated 03/12/2003 for want of knowledge. The period of deposit is not mentioned in the complaint. Further submitted that the year 1983 the automatic renewal system of fixed deposit on the maturity date is not implemented in the bank. In the year 2008 after core banking system is introduced in the bank and automatic renewal system was implemented. Further the death certificate of father is not produced along with the complaint. After the laps of 35 years the complainant lodged this complaint in respect of alleged deposit receipt. Bank submitted that from the complaint it is not clear when the complainant has contacted the manager and there after newly transferred Managers. The Manager cannot say anything about the alleged deposit receipt, when the records are not available with the bank. The allegations made in the complaint are not sufficiently and clear conclusion that the bank is maintained any records of the alleged fixed deposit receipt. This OP submits even assuming the allegations of the complainant are true there is very chance neither the complainant nor her father might have closed fixed deposit account. If such an account is closed the details of such account will not be available. Since transaction is transferred, account became closed. In the history of the banking business of this bank no fixed deposit receipt was missing and every transaction done by this bank supported by documentary evidence. The banking ombudsman has dismissed the complaint filed by the complainant. There is no iota of truth in the this complaint. Hence prayed for the dismissal of the complaint.
The evidence adduced consisted of the proof affidavits of the respective sides and Ext.A1 to A8. After that learned counsels of complainant and the OP filed their written argument notes.
The main contention raised by the OP is that this complaint is barred by limitation. The contention raised by the OP is that the complaint is filed after the laps of 35 years. The period of limitation prescribed for filing complaint as per consumer Protection Act 2019 is 2 years. Further submitted that the dispute in the complaint is regarding non encashment of an FD receipt No.293/83 dated 03/12/1983. The said fixed deposit got matured after one year from the date of deposit. According to OP the complainant cannot rely upon the order of Hon’ble ombudsman to overcome the limitation period. OP further contended that the FD is in the name of complainant. Before opening the fixed deposit the customer has to open savings bank account. The FD amount will be remitted in the SB account. Thereafter it will be transferred to the fixed deposit account and if the customer wants to close the fixed deposit, the customer has to execute a fixed deposit closer document and thereafter the fixed deposit proceeds will be credited in the customer saving bank account. OP contended that the complainant has not produced her saving bank account passbook.
On the other hand the complainant contended that, her father who had deposited the disputed fixed deposit amount infavour of the complainant expired in 2007 and from 2008 onwards she had gone to the branch of OP bank and given copy of deposit receipt to the branch managers present from time to time. Further according to the complainant, the branch manager of OP bank informed her to do necessary steps for finding out the details and will inform. In Ext.A3 also reveals that she approached the branch manager present time to time from 2008 onwards. In Ext.A2 also the complainant has stated the same facts to the branch Manager and the branch manager acknowledged the letter and reported that previous records were not available. Moreover in the order of Hon’ble banking ombudsman opinioned that the complainant is at liberty to approach any other forum for getting the relief
Here, from the Exts. A2 and A3 it is clearly seen that from 2008 onwards she had approached the OP bank for getting the fixed receipt amount and since the matter remained undecided, the cause of action will continue till the OP bank settles or rejects the application of the complainant. The claim of complainant was kept pending by the OP bank. As the claim remained undecided, the cause of action will continue till the OP bank pays or rejects the application of the complainant with previous records. It is a continuous cause of action, the complainant is within limitation, Moreover the Hon’ble banking ombudsman took a view that the complainant is at liberty to approach appropriate forum for redressing her grievance. Considering all these facts we are of the view that there is no delay condonation application is required to be submitted and the complaint is within limitation.
In this case Ext.A2, A3 and A4 shows that complainant had given many complaints and request to OP to pay the FD amount from 2008 onwards. From the available facts of this case it is revealed that the amount mentioned in the FD receipt was deposited by the father of the complainant in 1983 and he expired in 2007. Complainant has given evidence that she got the FD receipt after the death of her father. Further OP does not have a case that they have searched about the previous records and given a detailed explanation to the complainant after closing the claim application of her. OP raised a contention that there is every chance neither the complainant nor her father might have closed the FD account. Further if such an account is closed the details of such account will not be availed.
Here there is no dispute that the FD receipt is in the name of complainant and she alone could close the account. OP further raised a contention that Ext.A1 shows that Fixed Deposit stands in the name of complainant and before opening the Fixed Deposit the customer has to open savings bank account. The Fixed Deposit amount will be remitted in the SB account and thereafter it will be transferred to the Fixed Deposit account. Further stated that if the customer wants to close the Fixed Deposit the customer has to execute a Fixed Deposit closure document and there after the Fixed Deposit proceeds will be credited in the customer saving bank account. Bank raised a contention that since the complainant has not produced her saving bank account passbook is fatal to the complainant’s case.
Here complainant submitted that the disputed amount was deposited by her father in 1983 and he expired in 2007. Further submitted that all the documents relating to the deposit was in his
custody. Further complainant does not have a case that she never closed the FD and received the amount. From Ext.A1 original Fixed Deposit receipt also reveals that the amount had not been closed. Then bank should have produced the relevant documents to prove their contention. The original records are in the custody of bank. Till they failed to produce those documents, the amount mentioned in the FD receipt No.293/83 issued from OP bank, cannot be challenged by them. Through producing the original FD receipt (Ext.A1), complainant has proved her case.
Considering the facts and circumstances of this case, complaint is allowed in part. Opposite party is directed to give Rs.10,000/- as per Ext.A1 with 3% interest from 04/11/1984 till realization together with 10,000/- as compensation and Rs.5,000/- as cost of the suit. Opposite party shall comply the order within one month from the date of receipt of this order. Otherwise the amount Rs.10,000/- carries 12% interest from 04/11/1984 till realization. Complainant is at liberty to file execution application for realization of the awarded amount as per the provision of Consumer Protection Act 2019.
Exts.
A1- FD receipt
A2- Receipt dated 03/04/2018
A3- Receipt dated 03/04/2019
A4- Reply of the bank 09/04/2019
A5- Banking ombudsman complaint dated 01/06/2019
A6- Complaint dated 02/08/2019
A7- Reply to 03/09/2019
A8- Order dated 20/09/2019
Pw1- Complainant
Dw1-OP
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forward by order/
Assistant Registrar
