DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Payal Taunk d/o Late Sh. Brij Pal Taunk, R/o H.No. 96, New Colony, Part-A, Khuda Lohora, U.T. Chandigarh.

              ---Complainant

Vs

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 & Credit Society Limited).

---- Opposite Party

BEFORE:    MRS.MADHU MUTNEJA               PRESIDING MEMBER

           SH.JASWINDER SINGH SIDHU        MEMBER

Argued By:    Sh. Pardeep Rana, Counsel for Complainant.

Opposite Party Ex-parte.

PER MADHU MUTNEJA, PRESIDING MEMBER

1.        The present complaint relates to non-payment of amount due against the FDR issued by the Opposite Party in the name of the Complainant.

          Briefly, stated the Complainant had deposited a sum of Rs.4,09,100/- @14% p.a. with the Opposite Party on 1.1.2010, against which an FDR was issued. Details of the same is as under:-  

F.D.R. No. 9862 dated 01.01.2010 for a sum of Rs.4,09,100/- due date 01.01.2013.

          The Complainant has stated that she came to know that the Opposite Party was not paying back the hard earned money of various persons and had even stopped payment of interest to the Complainant. Hence, the Complainant decided to withdraw her FDR from the Opposite Party. Accordingly, a request was made to the Assistant Registrar of the Society in June 2012 to return the FDR amount along with interest (Annexure C-5). As the Opposite Party did not make payment the Complainant issued a legal notice (Annexure C-2) to the Opposite Party.  However, the amount was not paid.

          Alleging that the aforesaid act of the Opposite Party amounts to deficiency in service, the Complainant has filed the instant complaint for refund of the amount of the FDR, mentioned above, along with interest, besides compensation and cost of litigation.

2.        Notice of the complaint was sent to Opposite Party seeking their version of the case. However, despite service, nobody has appeared on behalf of Opposite Party, therefore, it was proceeded against exparte on 25.10.2012.

3.        Complainant led evidence in support of her contentions.

4.        We have heard the learned counsel for the Complainant and have perused the record, along with the written arguments.

5.        The allegations of the complainant are supported by her affidavit, the copy of FDR – Annexure C-1, copy of legal notice – Annexure C-2, postal receipts – Annexures C-3 to C-4 and the request letter – Annexure C-5. The evidence of the complainant has gone unrebutted because the Opposite Party 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.4,09,100/- with the Opposite Party by ay of FDR. Accordingly, the total amount along with interest @14% p.a. on the FDR from 1.1.2010 till date needs to be paid to the Complainant as per the request made.

6.        As the complaint has been filed in August, 2012, the Complainant has demanded interest from August, 2010 till August, 2012 which according to him amounts to Rs.1,33,639/-. The Complainant has also stated that the Opposite Party had already paid Rs.30,000/- as interest. The Complainant has prayed that a total amount of Rs.5,02,739/- is due (on the date of filing of complaint).

          We agree with the contentions of the Complainant that the principal amount along with interest due on the FDR be paid by the Opposite Party and denial of payment is a clear case of deficiency in service on the part of Opposite Party.

7.        Accordingly, finding merit in the complaint we pass orders that the Opposite Party make payment to the Complainant in terms of the demand made which has gone unrebutted. The complaint is accordingly allowed and the Opposite Party is directed :-

i)   To pay a sum of Rs.5,02,739/- to the complainant.

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

7.        This order be complied with by the Opposite Party within one month from the date of receipt of its certified copy, failing which, Opposite Party shall be liable to refund the awarded amount to the complainant along with further interest @ 14% p.a. from the date of filing of the complaint, till its realization, besides the cost of litigation.

8.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

26^th November, 2012.                                            

Sd/-

(MADHU MUTNEJA)

PRESIDING MEMBER

Sd/-

 (JASWINDER SINGH SIDHU)

MEMBER

“Dutt”