DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Smt.Guddi wife of Late Brij Pal, r/o H.No. 96, New Colony,    Part-A, Khuda Lohora, UT, Chandigarh.

…..Complainant

                                      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 complainant.

                     OPs already exparte.

PER P.L.AHUJA, PRESIDENT

1.                Smt.Guddi, complainant has 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 complainant had deposited Rs.4,09,100/- with OPs for the period of 2010 against which, the OPs issued FDR, which was matured along with interest. The detail of the FDR, which is also detailed in Annexure C-1 is as under :-

FDR No.9864 dated 01.01.2010 for a sum of Rs.4,09,100/- due date 01.01.2013.

As per the FDR, the amount was to be paid by the OPs to the complainant along with interest after the date of maturity. The complainant had come to know that various persons had deposited their money with OPs but the OPs did not pay any interest. The complainant averred that the OPs paid some interest upon the FDR initially but, thereafter, they stopped the payment of interest, so she decided to withdraw her FDR but the OPs did not allow for the same. Ultimately, the complainant sent a legal notice dated 20.6.2012 – Annexure C-2 to the OPs but to no avail. The complainant 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 complainant and heard the arguments addressed by the learned Counsel for the complainant.

4.                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 OPs have 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 OPs. The total amount of interest on the FDR from August, 2010 till August, 2012 amounts to Rs.1,33,639/- but the OPs had already paid Rs.30,000/- as interest and the total due amount including principal amount and interest works out to Rs.5,02,739/-. 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.5,02,739/- 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 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 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.