निशाणी क्रमांक 1 वरील आदेश

The consumer complaint is in respect to Fixed Deposit Amount not released to the complainant by the opposite party- Bank.  We have heard the arguments of both Ld. Advocate for the parties.  Ld. Adv. for opposite party has argued that they are ready since beginning to pay the fixed deposit amount alongwith interest.  The amount of Rs.1,36,000/- was kept in FD from 03/10/2018 for 3 month @7.50% p.a.  On maturity date when the F.D. amount was not released complainant has written a letter demanding release of F.D. amount, but he was salient about deposit of original F. D. Receipt & unless original F.D. receipt is deposited with the Bank personally, how the bank can release the F.D. amount.  From the perusal of the documents the complainant fails to show he had visited the Bank & deposited the original F.D. Receipt.  Just by sending letter without deposit of original F.D. Receipt,  Bank is not at fault to release the amount.  However, bank is also at fault by not replying & asking the complainant to deposit the original F.D. Receipt by calling him to do so.  Thus both are at fault.  Hence, (1) Complaint is allowed as admitted by the opposite party & directed to release the F.D. amount alongwith interest @ 7.50% p.a. from 03/10/2019  till relesation.  Complainant is also directed to handover/deposit original F.D. Receipt with opposite party bank within 30 days from receipt of this order.  (2) No cost and compensation being both are at fault.  (3) Opposite Party is further directed to release the amount immediately on receipt of original F.D. Receipt or in default penalty interest of 9% would be applicable from the date of receipt of original F.D.  (4) Additional sets be collected by the complainant within 30 days from the forum.  File be sent to record room as per Regulation.  (5) Certified free copy of the order be sent to the parties as per Regulation.