DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH [Complaint Case No:782 of 2010] Date of Institution : 07.12.2010 Date of Decision : 09.08.2011 ---------------------------------------- Sh. Banarasi Dass, Aged 63 years resident of Village Panch, Distt. SAS Nagar, Mohali. ---Complainant. V E R S U S 1. The Chandigarh Delhi Circle State Bank Staff Association Cooperative Urban Salary and any pension earner Thrift & Credit Society Limited, Chandigarh through its Chairman/President Sh. Swarn Singh R/o #225, Phase III-A, Mohali. 2. Sh. Inder Kumar, Inspector Grade I, Administrator, The Chandigarh Delhi Circle State Bank Staff Association Cooperative Urban Salary and any pension earner Thrift & Credit Society Limited, Chandigarh C/o Registrar of Cooperative Societies, Room No.16, Ground Floor, 30 Bays Building UT., Sector 17, Chandigarh. ---Opposite Parties. BEFORE: SHRI LAKSHMAN SHARMA PRESIDENT SMT. MADHU MUTNEJA MEMBER SH. JAWINDER SINGH SIDHU MEMBER Argued By: Sh. P. K. Sharma, Advocate for the complainant. OPs already exparte. PER LAKSHMAN SHARMA, PRESIDENT Sh. Banarasi Dass has filed this complaint under Section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed:- i) To release the amounts of FDR’s along with interest @16% per annum from the date of maturity; ii) To pay compensation for mental agony, and harassment; iii) To pay costs of litigation. 2. In brief, the case of the complainant is that he was employee of State Bank of India. On retirement, the employees of OP No.1 approached him and solicited for depositing the retiremental benefits with OP No.1 in the Fixed Deposit Account as the interest payable on the Fixed Deposit Account was lucrative. So, the complainant deposited a total sum of Rs.93,865/- on different dates with OP No.1 as per the details given below:- Sr. No. | FDR No./ Annexure | Dated of deposit | Amount deposited(Rs.) | Date of Maturity | 1. | 10950 (C-1) | 01.03.2003 | 12,350/- | 01.03.2004 (wrongly mentioned as 01.03.2003 in FDR) | 2. | 11636 (C-2) | 23.09.2003 | 4,000/- | 23.09.2004 | 3. | 10952 (C-3) | 14.01.2003 | 23,000/- | 14.01.2004 | 4. | 10984(C-4) | 28.04.2003 | 26,600/- (wrongly mentioned as Rs.26,000/- in complaint) | 28.04.2004 | 5. | 10951 (C-5) | 14.01.2003 | 2,915/- | 14.01.2004 | 6. | 10983 (C-6) | 28.04.2003 | 25,000/- | 28.04.2004 | | Total Amount | | 93,865/- | |
The above said amounts were deposited in Fixed Deposit Account for a period of one year. According to the complainant, after the expiry of one year, he approached OPs for release of the maturity amounts of FDRs. However, OPs put-off the matter on one pretext or the other. So, ultimately the complainant issued a legal notice dated 10.8.2010 to OPs but to no effect. In these circumstances, the present complaint has been filed seeking the reliefs mentioned above. 3. OP No.1 was duly served whereas OP No.2 refused to accept the summons. As refusal was a good service, therefore, OPs were ordered to be proceeded exparte vide order dated 08.03.2011. 4. We have heard the learned counsel for the complainant and perused the documents on record. 5. The case of the complainant is that he deposited a sum of Rs.93,865/- with OPs in Fixed Deposit Account as per the details mentioned above for a period of one year. After maturity of the said amount, he approached OPs for payment of maturity amount. But they put off the matter on one pretext or the other. The maturity amounts have not been released so far to the complainant. The complainant has filed his affidavit in support of the averments made in the complaint. The averments are also supported by Fixed Deposit Receipts (Annexures C-1 to C-6). 6. From the above said Fixed Deposit Receipts, it is apparent that the complainant had deposited an amount of Rs.93,865/- in Fixed Deposit Account for a period of one year at the interest rate of 15%. The complainant has filed an affidavit to the effect that the above said amount has not been released to him along with interest after maturity of the said FDRs. There is no rebuttal to this effect. 7. Thus, failure on the part of OPs to release the amount of FDRs after their maturity amounts to deficiency in service. 8. In view of the above findings, this complaint is allowed and the OPs are jointly and severally directed to pay the maturity amount of FDRs (Annexures C-1 to C-6) to the complainant along with agreed rate of interest @15% per annum from the date of maturity of the said FDRs till actual payment. This order be complied with by the OPs within 30 days from the date of receipt of its certified copy, failing which they shall be liable to pay an additional interest @3% per annum on the total amount payable from the date of respective deposits till actual payment. 9. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 9th August 2011. (LAKSHMAN SHARMA) PRESIDENT (MADHU MUTNEJA) MEMBER (JASWINDER SINGH SIDHU) MEMBER Ad/-
C.C.No.782 of 2010 PRESENT: None. --- Arguments heard on 08.08.2011. The case was reserved for orders. As per separate detailed order of even date, this complaint has been allowed. After compliance file be consigned. Announced. 09.08.2011 Member President Member
| | MRS. MADHU MUTNEJA, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MR. JASWINDER SINGH SIDHU, MEMBER | | 
