DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Harminder Singh resident of House No.1623, Phase V, Mohali.

…..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               

……Opposite Party

QUORUM:  RAJINDER SINGH GILL                                 MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA         MEMBER

Argued by: Sh.Sunil Kumar, Counsel for complainant.

                  OP already exparte.

PER RAJINDER SINGH GILL, MEMBER

1.             Sh.Harminder Singh, 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 the complainant had deposited Rs.3,00,000/- with OP for the period of 2009-10 against which, OP 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.9941 dated 05.05.2010 for a sum of Rs.1,00,000/- due date 05.05.2013.

2. FDR No.9939 dated 05.05.2010 for a sum of Rs.1,00,000/- due date 05.05.2013.

3. FDR No.9940 dated 05.05.2010 for a sum of Rs.1,00,000/- due date 05.05.2013.

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 had come to know that various persons had deposited their money with OP but the OP did not pay any interest. As such, the complainant decided to refund back his entire amount before the date of maturity of FDRs. The complainant averred that after great persuasion, the OP issued four cheques, out of which, three cheques for a sum of Rs.50,000/- each were encashed but cheque No.401706 dated 07.09.2011 for a sum of Rs.50,000/- drawn at Chandigarh State Coop. Bank was dishonoured due to remarks “Stop Payments”. Thereafter, the complainant brought this fact to the knowledge of OP, who assured the complainant to refund the entire balance amount along with interest but till date, the OP did not make the payment to the complainant. Ultimately, the complainant sent a legal notice to the OP but to no avail. The complainant also approached the Assistant Registrar Cooperative Society, UT, Chandigarh to take action against the OP but till date, it did not take any action. 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 07.09.2012.

3.             The complainant led evidence in support of his contentions.

4.             We have heard the learned Counsel for the complainant and have also perused the record.

5.             The allegations of the complainant are supported by his affidavit, the copies of FDRs – Annexures C-1 to C-3, copy of dishonoured cheque & memo – Annexures C-4 and C-5, copy of legal notice dated 20.6.2012 – Annexure C-6, copies of postal receipts – Annexures C-7 to C-8. 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.3,00,000/- with OP against the different FDRs. As per the complainant, the total amount of interest on all the FDRs till July, 2012 amounts to Rs.84,000/- and the OP had already paid a sum of Rs.1,50,000/- to the complainant meaning thereby the total due amount including principal amount and interest works out to Rs.2,34,000/-. 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.

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

i)              To pay a sum of Rs.2,34,000/- to the complainant.

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

7.             This order be complied with by 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.

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