The case of the complainant in a nutshell is that complainant opened a bank account on 27.06.1986 vide account no. 11/5586. Present account no. is 10410100002953. The complainant purchased short term fixed deposit of Rs. 1,19,514/- only for a period of 72 days at 7% interest dated 17.10.1993 being no. 440735/18/2252 and LF42/135, RF9/49.
2) Thereafter, that is since 17.10.1993 the complainant forgot the maturity date. After 23 years and on 22.12.2013 the complainant got that certificate. The complainant then went to the O.P. The O.P. asserted to look into the matter. Thereafter, complainant went to OP on several occasions but OP did not give any satisfactory reply to the complainant. On 02.01.2014 the complainant sent letter to the Bank. The Bank replied that they could not trace any certificate in the name of the complainant. It is also peculiar case of the complainant that on 12.2.15 when the complainant was coming from Bank the original certificate was lost for which the complainant lodged a general diary on 05.02.2015. After that the complainant went to the O.P. several occasions. But complainant did not get any redressal.
3) The OP has filed W/V denying inter alia all material allegations aroused by the complainant. The positive case of OP is that after getting intimation the OP could not trace any outstanding document in the name of the petitioner, no certificate has been recovered. The O.P. has informed this matter to complainant on 11.01.2014. It is specifically mentioned that if there exists any certificate then definitely that was in the record as the above certificate was too old (about 23 years old). At that time the whole banking system was manual and if there exists any outstanding then that should be present in CBS after migration of system to core banking system. With ulterior ill motive the O.P. has filed this case for squeeze money.
POINTS FOR DECISIONS
- If this case is maintainable?
- If this case is time barred?
- If complainant has proved his case?
- If the complainant is entitled to get any relief?
To prove the case the complainant has filed i) Evidence-in-Chief, ii) one Xerox copy of Pass Book of Bank of Baroda, iii) One TDR of Rs. 1,79,514/- for 72 days due date of which is 28.12.1993, iv) One copy of Advocate Letter and v) One information copy of Bank. Informing not traced of any such account.
The OP has also filed evidence on oath and on 30.05.2018 has filed Written Notes of Argument and Xerox copy of document showing Policy on Preservation and Destruction of Records and Document Handling approved by Board on 20.07.2014.
OP Bank has also filed Statement of accounts from 23.06.2001 to 03.02.2007 till 02.02.2007. It has also been shown that fixed short and call deposit should be reserved for 12 years.
DECISIONS WITH REASONS
1) The complainant has states his case on oath. The O.P. has also stated his case on oath. The complainant has advanced arguments in his favour and the O.P. has advanced arguments in his favour.
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O R D E R
Order that the Complaint Case being no. 29 of 2017 be and the same is dismissed on contest.
Let a copy of this order be made over to the parties free of cost.
