DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Sheetal Duggal wife of Anup Kumar and Anup Kumar husband of Sheetal Duggal both resident of House No.219, Dadu Majra Colony, Sector 38-West, Chandigarh.

…..Complainants

                                      V E R S U S

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

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

2^nd address for service

Varinder Thakur, Working as Cashier with State Bank of India, SCO No.75-76, Sector 31-C, Chandigarh.               

……Opposite Parties

QUORUM:   P.L.AHUJA                                                  PRESIDENT

                   RAJINDER SINGH GILL                                MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA         MEMBER

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

                     OPs already exparte.

PER P.L.AHUJA, PRESIDENT

1.                Smt.Sheetal Duggal & Sh.Anup Kumar, complainants have filed this consumer complaint under Section 12 of the Consumer Protection Act, 1986, against State Bank of India Staff Association & Anr. - Opposite Parties (hereinafter called the OPs), alleging that the complainants had deposited Rs.37,000/- with OPs for the period of 2008-09 against which, the OPs issued different FDRs, which were matured on the different dates along with interest. The details of the FDRs, which are also detailed in Annexures C-1 to C-3 are as under :-

1. FDR No.9619 dated 13.12.2008 for a sum of Rs.12,000/- due date 12.12.2011.

2. FDR No.9788 dated 9.7.2009 for a sum of Rs.15,000/- due date 8.7.2012.

3. FDR No.9506 dated 23.7.2008 for a sum of Rs.10,000/- due date 22.7.2011.

As per the FDRs, the amount was to be paid by the OPs to the complainants along with interest after the date of maturity. The complainants had come to know that various persons had deposited their money with OPs but the OPs did not pay any interest, so they decided to withdraw their FDRs but the OPs did not allow for the same. Ultimately, the complainants sent a legal notice dated 20.6.2012 – Annexure C-4 to the OPs but to no avail. The complainants also approached the Assistant Registrar Cooperative Society regarding this fact but it did not take any action against the OPs. Hence, this complaint.

2.                OPs No.1 & 2 were served through Process Server but nobody appeared on their behalf to contest the case and as such, they were proceeded exparte on 1.10.2012.

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

4.                The allegations of the complainants are supported by their affidavit, the copies of FDRs – Annexures C-1 to C-3, copy of legal notice – Annexure C-4, postal receipts – Annexures C-5 to C-6 and the request letter – Annexure C-7. The evidence of the complainants has gone unrebutted because the OPs have not come forward to contest the complaint. It is proved from the exparte evidence on record that the complainants deposited an amount of Rs.37,000/- with the OPs against the different FDRs. The total amount of interest on all the FDRs amounts to Rs.17,140/- and the total due amount including principal amount and interest works out to Rs.54,140/-. It is a clear case of deficiency in service on the part of OPs because the OPs have failed to make the payment, despite receipt of legal notice.

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

i)                 To pay a sum of Rs.54,140/- to the complainants.

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 OPs within one month from the date of receipt of its certified copy, failing which, OPs shall be liable to refund the awarded amount to the complainants 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.