This is an application u/s.12 of the C.P. Act, 1986.
The subject matrix of the instant case is that the complainant deposited a sum of Rs.16310.19 under receipt No.-504092000013 dated 11/11/2002 in the name of the complainant and Sharad Doshi, the sum of which was matured on 11/11/2008 amounting to Rs. 23,662.48. The complainant requested for refund of the maturity amount under the said certificate but the O.P. did not pay any heed rather intimated that no such amount under any certificate was lying with them. As a result of which the complainant sustained monitory loss. Hence, this case.
In spite of service of notice upon the O.P. they did not turn up to contest the case. So the case is taken up for exparte hearing.
The following points are framed for adjudication :-
- Is the case maintainable ?
- Is the complainant a consumer?
- Is there any deficiency of service as provided under the law? and
- Is the complainant entitled to get the relief as sought for?
Decision with Reasons
The complainant led evidence and submitted original certificate bearing No. 504092000013 to show that the said amount was renewed on 11/11/2008. Maturity amount of which speaks Rs.23,662.48.
On scrutiny of record it reveals that the complainant made a complaint before the Banking Ombudsmen, who made such query under letter dated 08/04/2009 and reply was given by the Asst. Vice President & Branch Head of the O.P. Bank by letter dated 26/05/2009 that the said Term Deposit was closed on 23/12/2002 and the proceeds were given by way of Bankers- Cheque bearing No. 0976230/2002 to 2003 and the same was realized on 27/12/2002 for Rs.16,310/-. On seeing such report the O.P. Bank was asked to produce the relevant register to show that such payment was actually to the complainant who categorically denied about receiving of the said alleged sum vide Order No. 14 dated 27/06/2012. After due service of the said notice the O.P. entered on 19/12/2012 and made a submission to produce all the original documents relating to the subject matter and sufficient opportunity were given for such purpose even then the O.P. did not come forward to submit their documents.
Since the complainant on affidavit categorically stated that he has not received any amount under the said certificate which was renewed for a further period of six years from the date of maturity dated 11/11/2002 to 11/11/2008 and certificate also reflects it incorporating the matured value as Rs.23,662.48. Whereas from the said reply it reveals that the amount was allegedly realized on 27/12/2002 for Rs.16,310/-, if that be so why such matured value has been mentioned in the original certificate lying with the complainant still. Thereby it can be gathered that the said sum was renewed on the maturity date dated 11/11/2002 and thereby maturity sum was assessed as reflected in the said certificate as Rs.23,662.48 on maturity date. When the original certificate is still lying with the complainant and when the O.P. failed to substantiate their such defence by convincing proof we have no hesitation to hold that the case of the complainant has been established to that effect that the said amount under the certificate was renewed for further period of 72 months mentioning the date of maturity as 11/11/2008.
Considering all the facts and circumstances supported by original certificate, which was not denied by the O.P. the case of the complainant has been established by cogent oral and documentary evidence which has not been challenged by the O.P. and said testimony of the complaint remains unshaken.
After the maturity period the O.P. did not pay the amount on maturity under the certificate such action on the part of the O.P. Bank comes within the purview of deficiency in service as provided u/s-2(1)(g) and (o) of the C. P. Act, 1986. No doubt the complainant is consumer as defined u/s 2(1)(d) of the C. P. Act, 1986. Since the complainant is harassed for a long time as alleged the complainant is entitled to get a compensation of Rs.5,000/- from the O.P. Bank. In addition, to the interest as accrued under the matured value.
In the result, the case succeeds.
Hence,
Ordered
That the C. C. Case No. 44 of 2011 is allowed ex-parte with a cost of Rs.2,000/-.
The O.P. ING Vysya Bank Ltd. is directed to pay the matured sum of Rs. 23,662.48 together with accrued interest at the rate of 9percent p.a. from the value date dated 11/11/2008 till its final realization within a period of 45 (forty five) days from the date hereof.
The O.P. Bank is further to pay the sum of Rs.5,000/- as compensation to the complainant towards his mental pain and agony within the stipulated period as stated above.
In default, the complainant is at liberty to put the decree in execution.
Let copies be supplied to the parties as per rules.
