Delhi

New Delhi

CC/36/2017

Shamshad Ahmad - Complainant(s)

Versus

Manager UCO Bank - Opp.Party(s)

15 Apr 2019

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.36/2017                                                                        Dated:

In the matter of:

Shamshad Ahmad

S/o Abdul Sattar,

R/o 98/179, Nazie Bagh,

Bekan Ganj, Kanpur                                                     ……..COMPLAINANT

 

 

                                                 VERSUS

             Manager,

UCO Bank

Patiala House Court Branch,

New Delhi,                                                                              ………OPPOSITE PARTY

 

 

H.M. VYAS, MEMBER

ORDER

The gist of the complaint is that the complainant got issued a FDR bearing no.  045738 KY 629/98-99 of Rs. 25,000/- on 10/09/1998 from the OP bank and deposited in ACMM Court, Patiala House, New Delhi being the surety  of one of the accused in CC No. 75/1/97. After completion of criminal case vide order dated 22/02/2010 of the ACMM, the said FDR was released and handed over to the complainant. The complainant/ applicant lost the FDR on 21/05/2013 and the police complaint was filed regarding the loss of FDR through SHO, Bekan Ganj, Kanpur. Thereafter the complainant contacted the OP but the OP never checked the status of FDR and informed that they  did not know the status of FDR as it was made manually . The complainant has placed on record the photocopy of FDR, copy of the order of ACMM and the photocopy of the letter dated 01/09/2016 addressed to the OP and duly acknowledged. The following prayer has been made:-

1. Pass an order thereby directing the respondent to reveal the Statues of FDR and ordered to be released the same to the complainant.

 

2. Pass an order of compensation of Rs. 30,000/- for personal loss,  loss of reputation, goodwill, harassment and mental agony suffered by the complainant due to illegal acts and deeds of the respondent and unfair trade practices on the jpart of the OP party; and/or

 

3. Pay the litigation cost of Rs. 5,000/- to the complainant.

 

4. Any other relief, which this Hon’ble Forum may deem fit and proper according to the facts and circumstances of the present case may also be passed in favour of the complainant and against the OP.

The OP was noticed but none appeared despite service. The OP was proceeded with Ex-parte on 18/07/2017.

We have considered the material placed before us and the submissions made on behalf of complainant with relevant provisions of law.

The only  issue involve in this case is regarding the status of the FDR no. 045738 KY 629/98-99 of Rs. 25,000/- which is stated to have been lost by the complainant. The information is required to be furnished by the OP.  Since the OP was proceeded ex-parte on 18/07/2017, therefore the contentions of the complainant remained unrebuted and there is no reason to disbelieve him.

We are of the considered opinion that the OP is deficient in service by not supplying the requisite status of FDR despite request.

Accordingly, we hold the OP to be deficient in service and direct as under:-

1. The OP shall reveal the status of FDR and in case it is not encashed shall released duplicate copy to encash it to the complainant after completing all documentary requirement.
2. To pay a sum of Rs. 3,000/- for harassment and mental agony suffered by the complainant and Rs. 2,000/- as litigation charges.

The order shall be complied within 30 days of the receipt of the copy of this order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, simple interest at the rate of 10% per annum shall be payable by OP on the awarded amount from the date of this order till recovery of the said amount.

A copy each of this order each be sent to both parties free of cost by post.

Orders be also sent to www.confonet.nic.in.

File be consigned to record room.

Pronounced in open Forum on 15/04/2019

                                              (ARUN KUMAR ARYA)

                                                       PRESIDENT

(NIPUR CHANDNA)                                                                         (H M VYAS)

        MEMBER                                                                                      MEMBER