Sh. Charanjit Singh, President
1 The complainant has filed the present complaint by invoking the provisions of Section 34, 35 and 36 of the Consumer Protection Act against the opposite party on the allegations that the complainant is customer of the opposite party and opposite party is maintaining her saving bank account as well as Term Deposit Account having deposit No. 9145142460. The complainant has deposited a sum of Rs. 11,20,000/- in the term deposit account on 5.5.2021 for a period of 12 months and 10 days and the date of maturity of the deposit is 14.5.2022 and the amount at the time of maturity is payable Rs. 11,72,701/- and this was the new term deposit account opened with the opposite party. On 16.5.2022, the complainant visited the Bank branch Pandori Golan i.e. opposite party for the renewal of above said term deposit alongwith original term deposit receipt. The concerned official checked the term deposit account and returned the original term deposit receipt and told that the payment of the term deposit receipt has already been paid and nothing is due in your account against the bank. The complainant astonished to listen regarding the payment of the term deposit receipt without obtaining the original document and signatures or direction from the complainant. On inquiry and demand, the opposite party has given the detail of amount transfer from the term deposit as on 31.5.2021 Rs. 13,499.48 Paise and a sum of Rs. 3,99,982.39 Paise on 30.6.2021 and Rs. 6,98,377.58 Paise on 1.7.2021 and sum other small amounts on various dates as per the computer copy of account attached without obtaining the original receipt and signature or consent of the deposit. Even, the opposite party was not ready to show the record through the amount of the term deposit receipt has been grabbed by the official of the bank without the knowledge of the complainant, rather it is a case of breach of trust with the valuable customers of the bank and it is a great deficiency in service of the opposite party. The complainant verbally requested the higher official of the bank branch but no proper reply is given to the complainant regarding the payment and mode of payment of term deposit receipt, the original document is in the custody of the complainant. That the complainant sent a legal notice dated 17.5.2022 vide registered No. RP087692687IN to the opposite party through registered post but no reply has been given by the opposite party to the complainant till today even did not give any cooperation to satisfy the complainant regarding the matter in question. The complainant has prayed the following relieves:-
- The opposite party may kindly be directed to make the payment of the term deposit for a sum of Rs. 11,20,000/- i.e. amount of receipt bearing No. 9145142460 to the complainant up to date.
- It is further prayed that an amount of Rs. 40,000/- may be granted as compensation and Rs. 20,000/- as litigation expenses on account of mental agony and physical harassment.
Alongwith the complaint, the complainant has placed on record his affidavit Ex. C-1, self attested copy of computerized copy of Term deposit receipt of Rs. 11,20,000/- Ex. C-2, Self attested copy of term Deposit Account Statement Ex. C-3, Self attested copy of Aadhar Card of the complainant Ex. C-4, Self attested copy of Pan Card of the complainant Ex. C-5, Self attested copy of legal notice dated 17.5.2022 Ex. C-6, Self attested copy of receipt No. RP087692687IN is Ex. C-7.
2 Notice of this complaint was sent to the opposite party and no one appeared on behalf of opposite party and consequently, the opposite party was proceeded against exparte.
3 We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.
4 The complainant has produced on record his affidavit Ex. C-1 and declared that the complainant is customer of the opposite party and opposite party is maintaining her saving bank account as well as Term Deposit Account having deposit No. 9145142460. The complainant has deposited a sum of Rs. 11,20,000/- vide receipt Ex. C-2 in the term deposit account on 5.5.2021 for a period of 12 months and 10 days and the date of maturity of the deposit is 14.5.2022 and the amount at the time of maturity is payable Rs. 11,72,701/- and this was the new term deposit account opened with the opposite party and terms Deposit Account statement is Ex. C-3. He further declared that on 16.5.2022, the complainant visited the Bank branch Pandori Golan i.e. opposite party for the renewal of above said term deposit alongwith original term deposit receipt. The concerned official checked the term deposit account and returned the original term deposit receipt and told that the payment of the term deposit receipt has already been paid and nothing is due in your account against the bank. The complainant astonished to listen regarding the payment of the term deposit receipt without obtaining the original document and signatures or direction from the complainant. On inquiry and demand, the opposite party has given the detail of amount transfer from the term deposit as on 31.5.2021 Rs. 13,499.48 Paise and a sum of Rs. 3,99,982.39 Paise on 30.6.2021 and Rs. 6,98,377.58 Paise on 1.7.2021 and sum other small amounts on various dates as per the computer copy of account attached without obtaining the original receipt and signature or consent of the deposit. He further declared that the opposite party was not ready to show the record through the amount of the term deposit receipt has been grabbed by the official of the bank without the knowledge of the complainant, rather it is a case of breach of trust with the valuable customers of the bank and it is a great deficiency in service of the opposite party. The complainant verbally requested the higher official of the bank branch but no proper reply is given to the complainant regarding the payment and mode of payment of term deposit receipt, the original document is in the custody of the complainant. He further declared that the complainant sent a legal notice dated 17.5.2022 Ex. C-6 vide registered No. RP087692687IN Ex. C-7 to the opposite party through registered post but no reply has been given by the opposite party to the complainant till today even did not give any cooperation to satisfy the complainant regarding the matter in question and prayed that the present complaint may be allowed.
5 The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite party is proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Party and opposite party did not appear in the Commission in order to contest the complaint which shows that the Opposite Party has nothing to say upon the allegations leveled against them by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant is approaching the opposite party several times but the opposite party did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice.
6 In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite party. The opposite party is directed to make the payment of Rs. 11,20,000/- i.e. amount of receipt bearing No. 9145142460 to the complainant. The opposite party has harassed the complainant for a long time, as such, the complainant is also entitled to Rs. 15000/- as compensation on account of harassment and mental agony and Rs 11000/- as litigation expenses. Opposite party is directed to comply the order of this commission within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in Open Commission.
06.06.2024
