Delhi

New Delhi

CC/137/2014

Smt. Sneh Aggarwal - Complainant(s)

Versus

M/S. Punjab National Bank - Opp.Party(s)

23 Nov 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/137/14                                      Dated:

In the matter of:

Smt. Sneh Aggarwal

W/o Sh. Daya Shankar Aggarwal,

R/o plot no.43, flat no.S-25, Sector-9, Venus Apartments, Rohini, Delhi-85

……..COMPLAINANT

       

VERSUS

Punjab National Bank,

Head Office, 7, Bhikaji Cama Place,

New Delhi

                                         ……. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

               

The short and shocking complaint of deficiency on the part of PNB Bank and its official is about non-returning of a FDR of Rs.60,000/- which was deposited by her with bank to take a loan of Rs.60,000/- from the PNB Bank, Parliament Street. She paid back this loan in 1992, and requested for release of FDR. The Bank did not return this till 2014, when this complaint filed, as a continuing cause of action.

The OP bank did not file any reply, but its Counsel Mr. Malviya filed certain documents, stating that their some officials of the PNB in Meerut opened false accounts in their names and embezzled funds and forged some FDRS of lower amounts to large amounts, to draw money against the FDRs, for which a CBI case was registered, in which charge sheet against the bank officers is under trial. It is stated that the FDR deposited by complainant, was also one of such FDRs and therefore, it is not being released.

We have considered the submission of the bank and complainant. The charge sheet is not against complainant. There is no allegation that she in any manner was part of it. In fact, she is victim, as she was given FDR of Rs.60,000/- by taking deposit of Rs.60,000/- by her and based on false or fabricated FDR.

In our view, she cannot be denied the return of FDR to her for as long as 20 years now. This is a service deficiency. The OP PNB; Parliament Street is directed to return the FD to her, deposited for taking loan. In case, FDR is required for evidence etc., the bank should take it back after maturity amount of FD paid to her.

Holding OP guilty of deficiency, we direct OP bank to return the FDR to her and pay compensation of Rs.50,000/- to her for arbitrary denying the FDR for so many years, and not even defending it in Forum, by filing a proper considered reply, after a proper legal advice in the matter.

We also award Rs.10,000/- for litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on ……………….

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 (Ritu Garodia)

MEMBER