DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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S.N.Vig son of Sh.Dina Nath, Karta of HUF, r/o House No.6, Sector 8, Panchkula.

…..Complainant

                                      V E R S U S

State Bank of India Staff Association having its office at 858, Shivalik Apartment, Sector 49-A, Chandigarh, through its Chairman/Secretary (now as SBI Cooperative Urban Salary Earners Thrift and Credit Society Limited).

……Opposite Party

QUORUM:   P.L.AHUJA                                                  PRESIDENT

                   RAJINDER SINGH GILL                                MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA         MEMBER

Argued by: Sh.Pardeep Rana, Counsel for complainant.

                     OP already exparte.

PER P.L.AHUJA, PRESIDENT

1.                Sh.S.N.Vig, complainant has filed this consumer complaint under Section 12 of the Consumer Protection Act, 1986, against State Bank of India Staff Association - Opposite Party (hereinafter called the OP), alleging that he had deposited Rs.2,44,680/- with OP against which, the OP issued different FDRs, which were matured on the different dates along with interest. The details of the FDRs, which are also mentioned in Annexures C-1 to C-10 are as under :-

1.       FDR No.9422/8785 dated 01.05.2008 for a sum of Rs.20,680/- due date 01.05.2011.

2.       FDR No.9423/8786 dated 01.05.2008 for a sum of Rs.12,000/- due date 01.05.2011.

3.       FDR No.9424/8788 dated 01.05.2008 for a sum of Rs.10,000/- due date 01.05.2011.

4.       FDR No.9425/8789 dated 01.05.2008 for a sum of Rs.13,000/- due date 01.05.2011.  

5.       FDR No.9426/8790 dated 01.05.2008 for a sum of Rs.5,000/- due date 01.05.2011.

6.       FDR No.9427/8791 dated 01.05.2008 for a sum of Rs.16,000/- due date 01.05.2011.

7.       FDR No.9428/8792 dated 01.05.2008 for a sum of Rs.10,000/- due date 01.05.2011.

8.       FDR No.9429/8793 dated 01.05.2008 for a sum of Rs.28,000/- due date 01.05.2011.

9.       FDR No.9430/8794 dated 01.05.2008 for a sum of Rs.40,000/- due date 01.05.2011.

10.     FDR No.9495 dated 01.07.2008 for a sum of Rs.90,000/- due date 01.05.2011.

As per the FDRs, the amount was to be paid by the OP to the complainant along with interest after the date of maturity. The complainant has averred that the OP initially paid the interest upon the amount upto 01.09.2011 but, thereafter, it did not pay any interest till date. The complainant has further averred that after the maturity of some of the FDRs, he visited the office of OP and requested to refund back his entire amount but to no avail. The complainant has come to know that various persons had deposited their money with OP but the OP did not pay any interest. The complainant also approached the Registrar Cooperative Societies regarding this fact but it did not take any action against the OP. Ultimately, the complainant sent a legal notice - Annexure C-12 to the OP but to no avail. Hence, this complaint.

2.                OP was served through Process Server but nobody appeared on its behalf to contest the case and as such, it was proceeded exparte on 22.10.2012.

3.                We have gone through the exparte evidence of the complainant and heard the arguments addressed by the learned Counsel for the complainant.

4.                The allegations of the complainant are supported by his affidavit, the copies of FDRs – Annexures C-1 to C-10, request letter dated 10.7.2012 – Annexure C-11, copy of legal notice – Annexure C-12 and postal receipts – Annexures C-13 to C-14. The evidence of the complainant has gone unrebutted because the OP has not come forward to contest the complaint. It is proved from the exparte evidence on record that the complainant deposited an amount of Rs.2,44,680/- with the OP against the different FDRs. As per the complainant, the total due amount works out to Rs.2,76,480/- including principal amount of Rs.2,44,680/- and interest of Rs.31,800/- till 31.8.2012.  It is a clear case of deficiency in service on the part of OP because the OP has failed to make the payment, despite receipt of legal notice.

5.                Accordingly, we find merit in the complaint and the same is allowed. The OP is directed :-

i)                 To pay a sum of Rs.2,76,480/- to the complainant.

ii)                To pay an amount of Rs.10,000/- to the complainants towards compensation and litigation expenses.

6.                This order be complied with by the OP within one month from the date of receipt of its certified copy, failing which, OP shall be liable to refund the awarded amount to the complainant along with interest @ 9% p.a. from the date of filing of the complaint, till its realization.

7.                The certified copies of this order be sent to the parties free of charge. The file be consigned.