The consumer complaint has been lodged by the petitioner for recovery of Rs.3329/- interest payable by o.p. on the FDR no.M473831 matured on 7.11.07 and other consequential reliefs alleging deficiency in service on the part of the o.p. on the following back drop.
The petitioner deposited Rs.130000/-with o.p. for a period of 390 days at an interest @ 8% p.a. under Cumulative Fixed Deposit (Reinvestment Plan) Scheme on 13.10.06 being FDR no.M472821. Said FDR annexure-A was due to matured on 7.11.07 at Rs.141487/-.
To get the matured amount on the maturity date, the FDR was duly discharged. On its back side crossing the printed instruction 9,2,3 and 4 (as not applicable).
On 7.11.07 complainant collected a cheque amounting Rs.138150/- instead of Rs.141487/-. Balance amount Rs.3329/- was not received by the complainant.
On 16.11.07 complainant sent a letter to the o.p. no.2 annex-C requesting to send the balance amount.
On 26.11.07 complainant received an unsigned letter from o.p. annex-D enclosing annex-C stating that they (o.p.) are unable to process the complainant’s request as closure of FDR was given on 6.11.07 duly discharged.
The petitioner thereafter served legal notice on 6.12.07 annex-E to o.p. enclosing copy of annex-D. The o.p. did not send any reply although they received the notice. Hence complainant has been compelled to file this consumer complaint claiming above relief alleging deficiency in service on 27.2.08.]
It is appearing from Order no.3 dt.16.4.08 o.p. was duly served with the notice of the consumer complaint. The complainant has received a cheque dt.24.3.08 amounting Rs.3329/- towards claim amount.
On 4.6.08 complainant submitted before the forum that the cheque has expired amount could not be realized.
On the sid date o.p. did not appear nor any w/v was filed. Accordingly the consumer complaint was fixed for ex parte hearing on 17.7.08. O.p. on the said date appeared without memo of appearance but no w/v was filed. Accordingly consumer complaint was fixed for disposal on 29.7.08. O.p. appeared without power and w/v on that date. Accordingly consumer complaint was heard ex parte on that date.
It is evident from annex-B that petitioner did not ask for the amount of he FDR on a pre-matured date. The o.p. on 7.11.07 paid Rs.138150/- instead of maturity amount Rs.141487/- for which petitioner had to follow up with representation and legal notice.
But no positive result received by the petitioner. Accordingly complainant has been compelled to take recourse of this forum for relief. It is further appearing that the conduct of the o.p. in arbitrarily withholding balance payment of the FDR without sufficient and reasonable ground amounts to deficiency in service on their part. Before filing of this case o.p. did not take care realize the balance payment of the FDR, on the other hand they sent the cheque after filing the case which has been brought to the notice of the forum by the complainant and he did not encash the cheque . Accordingly the cheque expired. Complainant could not realize the amount. ld. Counsels for he o.p. appeared on successive dates but they did not file any power on behalf of o.p. nor they filed any w/v challenging the contention or disputing the allegation of the petitioner as stated herein above. Thereby petitioner is entitled to relief in the consumer complaint. The consumer complaint is awarded in the following terms.
O.p. is directed to pay the balance amount Rs.3329/- with interest @ 8% p.a. from 7.11.07 till realization within two months from date,. O.p. is also directed to pay compensation Rs.2000/- and litigation cost Rs.1000/- within two months from date, failing which it will carry an interest @ 8% p.a. till realization.
Let copy of this order be supplied to the parties free of cost.
