BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri K.V.H.Prasad, B.A., LL.B., President
Smt.C.Preethi, Hon’ble Lady Member
Sri R.Ramachandra Reddy, B.Com., LL.B., Member
Thursday the 3rd day of August, 2006
C.C.No.95/2006
K.Anand, S/o Sowrappa,
Retired Manger, H.No. 76/96,
Sampath Nagar, Kurnool. ... COMPLAINANT
Versus
The General Manager, Co.Op Central Bank,
Near Collectrate, Kurnool. ... OPPOSITE PARTIES
This complaint coming on this day for Orders in the presence of Sri P. Siva Sudharshan, Advocate, Kurnool for Complainant and Opposite Party set exparty, and stood over for consideration till this day, the Forum made the following.
O R D E R
(As per Smt.C.Preethi, Hon’ble Member)
1. This Consumer Complaint of the Complainant is filed under Section 12 of C.P. Act of 1986, seeking a direction on the Opposite Party to pay maturity amount on F.D.R. bearing No. 005374 with 24% interest, Rs 5,000/- towards mental agony, Rs 2,000/- towards costs and any other relief or reliefs which the complainant is entitled in the circumstance of the case.
2. The brief facts of the Complainant’s case is that the Complainant deposited his retirement benefits of Rs 10,599/- on 03-08-2004 for one year with Opposite Party for a refundable mature amount of Rs 11,417/-. At the time of issuing the Fixed Deposit the Opposite Party endorsed that no loans and no premature with drawls will be allowed on the fixed deposit. On expiry of maturity period the Complainant submitted the F.D.R. on 01-10-2005 and inspite of several demands and requests the Opposite Party did not refund the said due matured amount and returned the fixed deposit on 24-02-2006 with a new endorsement that “ until the receipt of High Court judgment” and also added “A Class and B Class”. The above said lapsive conduct of Opposite Party constrain the Complainant to resort to the Forum for redressal of claim of maturity amount and costs.
3. In pursuance of the receipt of notice of this Forum as to this case of the complainant the Opposite Party neither appeared before the Forum nor contested the case of the Complainant by filing any written version with any defence and thereby remained exparte.
4. While such is so with the Opposite Party, the Complainant in substantiation of his case relied upon the documentary record in Ex.A1 to A4, besides to his sworn affidavit in reiteration of his Complainant averments.
5. Hence, the point for consideration is whether the Complainant has made out the case of deficiency of service on the part of the Opposite Party towards him entitling him for the reliefs sought?:
6. The Ex.A1 is the Deposit Accumulative Scheme (Dhana Laxmi Deposit) No. 005374 dated 03-08-2004 to 02-08-2005. It envisages the receipt of an amount of Rs 10,599/- from the Complainant on 03-08-2005 by Opposite Party assuring the payment of Rs 11,417/- at the end of one year i.e., on 02-08-2005. The said F.D.R. was endorsed on the date of issue that no loans and no premature withdrawals will be allowed and on submitting the said FDR by the Complainant for maturity amount, the Opposite Party again added the wordings “until the receipt of High Court Judgement” and “A Class and B Class”. The Ex.A2 is the attested Xerox copy of Ex.A1, prior to adding the wordings “until the receipt of the High Court Judgement” and “A Class and B Class”. The Ex.A3 is the covering letter dated 01-10-2005 of Complainant addressed to Opposite Party for submission of Ex.A1 and requesting the Opposite Party to adjust the Fixed Deposit matured amount to his S.B. account No. 117. The Ex.A4 is a letter dated 24-02-2006 of Opposite Party addressed to the Complainant stating A Class scales difference amount invested in F.D.R will be considered on receipt of final judgement of the Hon’ble High Court.
7. The facts so envisaged in Ex.A1 to A4 and the Complaint averments and the Complainant’s sworn affidavit averments reiterating of its case are neither denied nor rebutted by the Opposite Party and hence there appears every bona fides in the claim of the Complainant.
8. In the present case when the Fixed Deposit was issued only two conditions were laid down i.e., no loans and no premature with drawls, but when it was submitted for maturity amount ‘A Class and B Class’ and “until the receipt of High Court Judgement” was added, when the said wording are not mentioned at the issual time they have no binding force on the Complainant and the Opposite Party is not entitle to withhold the maturity amount. Hence, after maturity date the said lapsive conduct of Opposite Party is certainly amounting to deficiency of service to the Complainant consumer depositor and grievances of the Complainant comes under Consumer Protection Act, holding the liability of the Opposite Party for refund of accrued matured amount with 12% interest from the date of maturity, compensation and costs as the Complaint was driven by the Opposite Party to the Forum for redressal.
9. Therefore, in the result the Complainant is allowed, directing the Opposite Party to pay to the Complainant the maturity amount of Rs 11,417/- with 12% interest P.A. from the date of maturity i.e., 02-08-2005 till realisation, Rs 1,000/- as compensation for suffered mental agony and Rs 500/- as costs with in a month of receipt of this order. In default the Opposite Party shall pay the supra awarded amount with 12% interest from the date of default till realisation.
Dictated to the Computer Operator, corrected and pronounced by us in the Open Forum this the 3rd day of August, 2006.
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the Complainant: Nil For the Opposite Party : Nil
List of Exhibits marked for the complainant:-
Ex.A1 is the Deposit Accumulative Scheme (Dhana Laxmi Deposit) No.
005374 dated 03-08-2004 to 02-08-2005.
Ex.A2 is the attested Xerox copy of Ex.A1.
Ex.A3 is the covering letter dated 01-10-2005 of Complainant addressed to
Opposite Party.
Ex.A4 is a letter dated 24-02-2006 of Opposite Party addressed to the
Complainant.
List of Exhibits marked for the opposite parties:- Nil
PRESIDENT
MEMBER MEMBER
Copy to:-
1.Sri. P. Siva Sudharshan, Advocate, Kurnool
2. The General Manager, District Co.Op Central Bank, Near Collectrate,
Kurnool.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
