Complainant Smt.Kashmir Kaur has filed the present complaint against the opposite party U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party to make payment of interest as agreed and admissible as per the scheme under which amount of Rs.15 lacs was invested and also to pay Rs.50,000/- as compensation to her on account of mental agony, physical harassment, financial loss and deficiency in service on the part of the opposite party alongwith Rs.3000/- as litigation expenses, in the interest of justice.

2.        The case of the complainant in brief is that she intended to deposit Rs.15 lacs in shape of three Fixed Deposits of Rs.5 lac each for a period of one year but on the advice and guidance of the opposite party she deposited the amount in three separate accounts under one year term scheme of R.D. Flexi Vide Account No.3157007600001853, 3157007600001862 and 315700760000-1871 on 02.07.2016 and date of maturity was 02.07.2017. After the date of maturity, she approached the opposite party for payment money, but the opposite party kept on lingering on the matter and did not make the payment on due date and after about two months paid amount of Rs.15 lacs only and did not pay any interest on the amount in question illegally and arbitrarily. She is entitled to receive interest on the amount of Rs.15 lacs. She is also entitled to compensation to the tune of Rs.50,000/- on account of delay in making payment of principal amount and non payment of interest till date. She approached the opposite party on number of times and even moved applications in writing for the payment of interest but all in vain. Thus, there is deficiency in service on the part of the opposite party. Hence this complaint.

3.           Notice of the complaint was issued to the opposite party and Sh.Vanish Jolly has appeared on behalf of opposite party and filed his identity proof on 13.2.2018. Thereafter, he did not come to attend the Forum and on 19.3.2018 case called several times but none had come present on behalf of opposite party and did not file any reply. Hence, the opposite party was ordered to be proceed against exparte.

4.     Counsel for the complainant has tendered into evidence affidavit of complainant Ex.C-1, alongwith other documents Ex.C2 to Ex.C6 and closed the evidence.

5.           We have gone through the exparte arguments advanced by the Ld.counsel for the complainant. We have also considered the documents and pleadings of the counsel of complainant produced on record.

6.      The fact that complainant is having account in the OP Bank is proved by documents Ex.C2, Ex.C3 and Ex.C4 respectively  which are the cover pages of passbooks having separate account numbers. On these documents opening date is written as 2.7.2016 and maturity date is 2.7.2017 and rate of interest is written as 7.3%. It proves that the OP bank on its own passbook agreed to give interest on the deposited amount at the rate of 7.3%. Another document Ex.C5 is an application written by complainant for getting information regarding interest on the amount deposited in her different accounts under the RTI Act. Ex.C6 is copy of another passbook in the name of Kashmir Kaur. In this document on 9.1.2018, interest amount of Rs.36,500/- is credited in the main account of complainant from all the three disputed accounts of Kashmir Kaur. This document is placed on the file by complainant herself. Ex.C6 clearly proves that on 8.8.2017 an amount of Rs.15,000,00 was withdrawn by complainant which is the principal amount. But till then no interest was given on the said amount. Only on 9.1.2018 the main account of the complainant is credited with interest amount of Rs.36,500/-, each for the three disputed accounts. It means the OP Bank has given the interest only on 9.1.2018 and in this way the opposite party is deficient in providing service to the complainant and is responsible for mental harassment.

7.        From the detailed discussion above, it is clearly established that complainant deposited an amount of Rs.5,000,00/- each, in three different accounts i.e. 3157007600001853, 3157007600001862 and 315700760000-1871 respectively on 02.07.2016 and the date of maturity was 02.07.2017. But as per the version of complainant even the principal amount was handed over after one or two months later and no interest was given on the said amount. We have no solid reason to disbelieve the version of complainant as despite service and even once appearing, opposite party did not come present and  were proceeded against exparte vide order dated 19.3.2018 of this Forum. Moreover, Ex.C6 clearly establishes that interest due on accounts No.3157007600001853, 3157007600001862 and 315700760000-1871 was credited into the main account of complainant only on 9.1.2018 and in this way the OP Bank is deficient in providing proper service to the complainant. The complainant had deposited the amount for a higher rate of interest which is mentioned as 7.3% on the opening page of the passbook i.e. Ex.C2, C3 and C4. But Ex.C6 proves that interest was credited into the account of complainant quite late from the due date and in this way the complainant felt harassed by the deficient services of the Bank.

8.         In view of the above discussion, this Forum finds force in the arguments put forth by counsel for the complainant accordingly the OP Bank is held liable for deficiency in service.  This complaint is partly allowed and the opposite party is directed to pay interest @ 9% on the interest amount i.e. Rs.1,09,500/- from the date when it was due i.e. from 2.07.2017 till its payment in the account of complainant  i.e. on 9.1.2018. Complainant is also entitled for compensation of Rs.10,000/- as she has felt harassed by the conduct of OP Bank and litigation expenses amounting to Rs.2000/-. Entire compliance to be made within 30 days on receipt of the copy of this order.

9.           Copy of the orders be issued to the parties free of cost and file be consigned to record. Announced in open Forum. The complaint could not be decided within prescribed time due to rush of work.

                                                                      (Rajita Sareen)

                                                                   Presiding Member

ANNOUNCED:                                            (Rachna Arora)

September 24, 2018.                                              Member

*MK*