( Passed on dated 26^th  February, 2016 )

Per Shri Atul D. Alsi – Hon’ble President.

              The O. P. has failed to refund the matured amount along with interest to complainant hence the complaint is filed for negligency of service.

2.            The short story of complaint:-

              The complainant has deposited Rs.1,50,000/- in fixed deposit no. 44,LF/46 for the period of 13 months from 24^th January, 2011 with Urban Credit Society of O.P..

3.            The fixed deposit of complainant was matured on 24/02/2012 therefore O.P. was liable to pay the maturity amount of Rs.1,66,250/-.

4.            After several request the amount was not refunded therefore issued a legal notice through Adv. Vegad but the notice was not complied hence refused to pay the amount as per reply dated 18/10/2013.  Hence, the complainant has filed complaint for negligency of service with compensation for Rs.10,000/- along with interest @ 18% for outstanding amount of fixed deposit.

5.            The complaint is admitted and issued notice to Opposite Parties.  After receipt of notice issued by Forum, O. P. No. 1 & 2 was appeared through their counsel and filed their reply.  The O. P. No. 3 remain absent though notice duly served, hence Ex-Parte order passed on 21.01.2016 against him.

6.            The reply filed on behalf of O. P. 1 & 2.    In reply, it is admitted that, the complainant had kept fixed deposit of Rs.1,50,000/- with NA Bank on 24/01/2011 vide FD A/c. FD/44,LF no.46 which is kept for period till 24/02/2012 and on maturity complainant would have got Rs.1,66,250/-.  But complainant had premature the said FD on or about 05.05.2011 and therefore O. P. Bank had paid Rs.1,50,000/- to complainant.  The complainant could not got the benefit of interest on said FD as she premature the said FD and therefore as per term and condition complainant received Rs.1,50,000/- from O.P.  Thereafter, complainant had also surrendered the original FD receipt as per terms, conditions and banking custom with O. P. Bank.  The complainant had already surrendered the original FD Receipt with the bank at the time of receipt of amount.  The original FD Receipt is with the O. P. Bank and therefore the present claim of the complainant is required to be dismissed.

7.            The complainant has filed five documents as per list bearing Nos. 15 to 23 on record.

8.            The counsel for complainant Adv. Mr. J. S. Nagpure argued that the O.P. after maturity fail to pay the amount of fixed deposit therefore it amounts to negligency of service hence complaint may be allowed.    

9.            The counsel for O. P. No. 1 & 2 Mr. N. S. Popat  argued that  the complainant has surrendered the original fixed deposit receipt with bank and received pre-matured amount of  Rs.1,50,000/-.  Therefore, the case is liable to be dismissed.

10.                   As per petition and arguments and documents filed on record following points came for consideration:-

REASONING & FINDINGS

11.                    The O.P.No.1 & 2 admitted in reply that the complainant has deposited Rs.1,50,000/- with O.P. vide A/c. FD/44,LF/46 for the period of 24/01/2011 to 24/02/2012 and complainant would get Rs.1,66,250/- on maturity.   Hence the complainant has deposited Rs.1,50,000/- with O.P. is proved.

12.                   The complainant issued legal notice for the payment of fixed deposit on maturity is produced by filing copy of notice at page No.16 and postal receipt at page No. 19 & 20 and acknowledgement receipt on page No.21.  The complainant has filed copy of Fixed Deposit receipt bearing no.152 for the account FD/44 and ledger No.46 at page No.15and supported his version by filing evidence by way of affidavit at page No.37 at Exh.9.

13.                   The contention of O.P. was that the complainant has received the amount of Rs.1,50,000/- for fixed deposit premature and hence the claim of complainant  can’t be honoured.    The O. P. No. 1 & 2 did not filed any affidavit in support of their contention for the payment of premature deposit amount to complainant.  So also the O.P. did not filed the copy of fixed deposit receipt containing the amount of Rs.1,50,000/- was received with signature of complainant.

14.                   The O.P. failed to file any official banking written documents or record for the payment of fixed deposit to the complainant hence the defence of O. P. can’t be accepted.  The burden of proof lies on O. P. bank to prove that there was premature encashment of fixed deposit and the amount of Rs.1,50,000/- was paid to the complainant.  The O. P. failed to prove it’s contention beyond reasonable doubt.  The oral submission for making payment to its customer can’t prove the date and mode of payment.  Hence the defence of O. P. can’t be accepted.  Therefore, opposite parties are liable to pay the complainant the maturity amount of fixed deposit of Rs.1,66,250/- along with 9% interest from the admission of case i.e. 28/08/2014 till its realization  along with Rs.10,000/- towards compensation for mental torture and cost of litigation. 

Hence, the following order is passed.

-: ORDER :-

1.            The complaint is partly allowed.

2.            The O. P. No. 1 to 3 is directed to pay maturity amount of fixed deposit of Rs.1,66,250/- along with interest of 9% p.a. from admission of case i.e. 28/08/2014 till it’s realization to the complainant.

3.            The O. P. No. 1 to 3 is also directed to pay Rs.10,000/- towards compensation for mental torture and cost of litigation.

4.            The O. P. 1 to 3 is directed to comply the above order jointly or separately.  

5.            The O. P. No. 1 to 3 is directed to comply the above order within 30 days from the date of receipt of this order.