Delhi

New Delhi

CC/722/2012

J.C. Ahuja & Anr. - Complainant(s)

Versus

M/S. Syndicate Bank - Opp.Party(s)

05 Aug 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/722/12                             Dated:

In the matter of:

1. Sh. J.C Ahuja, S/o late P.L Ahuja

(Since deceased)

Through LRs

1. Sh. Manish Ahuja (Son)

B-112, Surya Nagar, Ghaziabad

2. Sh. Suruchi Oberoi (Daughter)

R/o 7/39, Tilak Nagar, New Delhi

 

2. Smt.Avinash Ahuja W/o late Sh.J.C Ahuja

R/o B-112, Surya Nagar, Ghaziabad

……..COMPLAINANTS

       

VERSUS

Syndicate Bank,

Through Senior Branch Manager,

CR Building, ITO, New Delhi-110002

                                         ……. OPPOSITE PARTY

 

 

ORDER (Oral)

Date of Arguments: 05.08.2015

Member: Ritu Garodia

Present:    Both the Parties.

                Arguments heard.

                Parties filed written arguments.

The Complainant’s senior citizens, had taken 2 FDR bearing no.632962 and 632963 for Rs.1,00,000/- respectively on 07.02.96 with maturity date for 24.03.96. The complainant presented the FDR on 26.11.11 for the maturity amount but the said FDR were not encashed. Copy of FDR annexed and originals were seen in Forum and returned.

OP had refused to encash the FDR and it has stated in the reply that old records are not available. OP has also mentioned RBI guidelines where they are required to preserve records upto 8 years. Additionally, FDR which are not claimed after maturity are transferred to Matured deposit, unclaimed deposit or dormant account. Moreover, OP bank has produced record of 3 FDRs collected in 2004.

Perusal of records and original FDR shown in the open Court reveals that OP has rejected the original FDRs merely on the grounds of lack of record. The burden to prove encashment was on OP which has not been discharged. Mere assumption that FDRs have been encashed even though the originals were still with the complainant does not hold any ground.

In the circumstances, we considered OP guilty of deficiency in not encashing the original FDRs on presentation. We direct OP to pay the maturity amount without interest to wife of deceased complainant. We also award Rs.20,000/- as compensation for harassment and mental agony inclusive of litigation expenses.

These acts of refusal of public financial institution are against public policy and ground of reasonableness. Copy of this order be sent to RBI, so that policies can be framed wherein the general public do not suffer in the hands of financial institutions.

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 05.08.2015.

 

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 (Ritu Garodia)

MEMBER