The complainant has filed this case U/S 12 of the C. P. Act, 1986 with the prayer directing the O.Ps. to pay Rs.31,019/- with up to date interest as maturity amount of fixed deposit and to pay Rs.10,000/- as compensation for harassment, mental pain and financial loss.

The complaint case is that the complainant had deposited Rs.25,000/- on 15.09.2011 as a Fixed Deposit to the O.P./ Bank, which was due for maturity on 28.03.2014. After due date of maturity, the complainant time and again knocked the door of the O.Ps. to receive the maturity amount, but the O.Ps. did not pay heed to the complainant. Finding no alternative the complainant was forced to come before this Forum.

The O.P. Nos. 1 and 2 contested the case by filing W.V. denying the allegations of the complainant stating inter alia that the case is not maintainable, the complainant had deposit Rs.25,000/- on 15.09.2011 in his CC A/c and subsequently expressed his view to deposit the said amount as a Fixed Deposit but due to disorder of computer system said amount  could not be converted, though the O.Ps. have issued one Xerox copy of Fixed Deposit Certificate of the same amount in favour of the complainant, that actually no Fixed Deposit was done in Banker’s books of A/c, the O.Ps. pray for rejection of the complaint petition.

The complainant, to prove his case has submitted memo of evidence, photocopy of Fixed Deposit Certificate, letter dated 10.07.2014 and answer of questionnaires etc.

O.P. Nos. 1 and 2 have submitted questionnaires, W.V., memo of evidence and oral evidence to prove its case.

DECISIONS WITH REASONS

We carefully peruse the complaint, W.V., questionnaires, answer of questionnaires, memo of evidence, oral evidence, documents and considered the argument advanced by the parties.

It is admitted that the complainant had deposited Rs.25,000/- to O.P./ Bank on 15.09.2011. The complainant stated in his case that he deposited Rs.25,000/- to O.P./ Bank for Fixed Deposit scheme and it reveals from the answer of questionnaires – in question No.2 put by the O.Ps. that the complainant had deposited Rs.25,000/- in his CC A/c in addition to deposit Rs.25,000/- as Fixed Deposit on 15.09.2011, the complainant has stated in his deposition that O.Ps. have issued one Xerox copy of Fixed Deposit Certificate amounting to Rs.25,000/- vide Certificate No.91813012403897, dated 15.09.2011 and original certificate was in the custody of the O.Ps. as a co-lateral security of the CC A/c of complainant. O.Ps. also admitted that complainant deposited Rs.25,000/- and O.Ps. have issued Fixed Deposit Certificate in a Xerox process but not in original, as original is/ was in the custody of the O.P./ Bank. O.Ps. have stated that at first the complainant deposited the amount of Rs.25,000/- in his CC A/c, subsequently the complainant expressed his view to deposit the amount as a Fixed Deposit, accordingly the O.Ps. were tried to convert the same amount from CC A/c to Fixed Deposit, but due to failure of computer system it could not be done though the O.Ps. have issued a Xerox copy of Fixed Deposit Certificate of the same amount.

On careful scrutiny of the case record and documents we find that it is not the case of the O.Ps. that the CC Loan A/c was due from complainant for that the maturity amount was adjusted or in the four corners there is no whisper regarding the transaction of CC Loan A/c of the complainant rather the O.Ps. have admitted that they have issued Xerox copy of Fixed Deposit Certificate of Rs.25,000/- which was matured on 28.03.2014 and original certificate is in its custody.

It is common prudent that without preparing original certificate which bears two officers’ seal and signatures of the O.P./ Bank the Xerox copy cannot be done. From the Xerox copy of Fixed Deposit Certificate it proves that the original Fixed Deposit Certificate within the custody of the O.P./ Bank and knowing fully well the O.Ps. have harassed the complainant.

In view of the discussions above we are of opinion that the complainant has proved his case but the O.Ps. have failed to establish its defence. The complainant is entitled to get an award with interest, compensation and litigation cost.

Fees paid is correct.

Hence, it is

ORDERED,

That the complaint case being No.CC - 97/2014 is allowed in part on contest against the O.P. Nos. 1 and 2.

That the complainant do get an award directing the O.P. Nos. 1 and 2 to pay jointly or severally Rs.31,019/- as matured amount of Fixed Deposit Certificate with interest @9% p.a.  from 29.03.2014 till payment, to pay Rs.5,000/- as compensation for harassment mental pain and agony and Rs.1,000/- as litigation cost to the complainant within one month  from this date till realization, failing which the complainant is at liberty to put this award in execution as per law.