(Smt. D. Nirmala, President (FAC))
1. This is a complaint filed by the complainant under section 12 of Consumer Protection Act, 1986 seeking a direction to the opposite party to pay the fixed deposit amount of Rs.47,149/- along with interest upto date, to pay Rs.5,000/- towards compensation besides costs of the complaint to the complainant.
2. The averments of the complaint are that the complainant has deposited an amount of Rs.38,720/- on 7-9-2009 vide receipt No.TDSCS/007-0076969 @ 7.25% p.a. for a period of 1000 days under Special Term Deposit scheme. The maturity period of the said F.D. is on 3-6-2012. The maturity amount is Rs.47,149/-. The complainant further submits that after due date the complainant approached the OP and requested to pay F.D. amount. The OP sought the time with the complainant stating that the records of the said F.D. are misplaced in the office after tracing the said records they will pay the amount. Thereafter the complainant approached the OP several times, but failed to get F.D. amount. Finally on 9-12-2013 the complainant got issued notice to the OP through his advocate demanding to pay the F.D. amount. The said notice is served on OP, but failed to pay the said F.D. amount. Such acts on part of the OP unfair trade practice. Hence the present complaint is filed for the above said relief.
3. The O.P. filed the counter and denying the allegations made in the complaint against the OP and admitted that the complainant has deposited an amount of Rs.38,720/- on 7-9-2009 under terms deposit for period of 1000 days. Besides this the complainant is having another F.D.R. in the name of his minor daughter vide SDA/56/237314 in account No.30882480516. The complainant has approached the OP on 12-3-2010 and requested for pre-mature withdrawal of said term deposit. The complainant brought original T.D.R. along with the original T.D.R. of his daughter. The request of the complainant was considered and accordingly the term deposit of the complainant was cancelled on the same day and the proceeds of the said T.D.R. to the tune of Rs.39,721/- which include the interest was transferred to the S.B. account No.1149433062 of the complainant on the same day and the issue of said term deposit was accordingly closed. The OP further stated that due to rush of work and clerical error instead of endorsing cancellation on the original T.D.R. of the complainant the said endorsement were made on the original T.D.R. of the daughter of the complainant. The complainant has taken back his original T.D.R. instead taking of the T.D.R. of his daughter. The original T.D.R. of daughter of this complainant is in the custody of the Bank with cancellation endorsement. The complainant resorted to said illegal act intentionally to cause loss to the OP and gain wrongfully by taking advantage of clerical error. The OP further submitted that the complainant know that he got cancelled his T.D.R. and proceeds were transferred to his S.B account. In fact the complainant withdrawn an amount of Rs.39,000/- on the same day of cancellation of his F.D.R. from his S.B. Account after the proceeds of the T.D.R. were transferred to his S.B Account. The OP came to know the said fact when they received the legal notice from the complainant. When they verified the facts and they were about to inform the same in writing to the complainant, the complainant has filed the present complaint in hurried manner to cheat the OP by suppressing the real facts. Therefore the present complaint is liable to be dismissed with costs.
4. When the matter was coming for evidence of the complainant, both counsels for the parties have filed a joint memo on 8-7-2014 and reported that the matter was settled out side of the Forum.
5. The terms and conditions of the joint memo as under.
The complainant has filed complaint, requesting the Hon’ble Forum to direct the opposite party for the payment of fixed deposit amount for Rs.47,149/- with interest upto date under F.D.R. No.TDCS/007-0076969, dated 07-09-2009.
The OP has though disputing the payment of F.D. amount and admitted the clerical mistake is took place in their bank and they have admitted that they ought to have pay the F.D. amount, as they have paid the amount of some other F.D. amount which stands in the name of minor daughter of the complainant. Accordingly the OP has agreed to pay an amount of Rs.33,039/- under F.D.R. No.TDCS/007-0076969, dated 07-09-2009, towards full and final settlement through cheque bearing No.345274496, dated 5-7-2014 to the complainant.
The complainant has also agreed and settled the dispute with the OP and received the amount of Rs.33,039/- through said cheque dated 5-7-2014 as full and final settlement and full satisfaction of his claim and also hand over the original F.D.R. No.TDCS/007-0076969, dated 7-9-2009 to the OP.
6. That in view of the settlement, both the complainant and the OP have withdrawn their allegations against each other and agreed to maintain the relationship in between them as a customer and banker.
7. The above said terms and conditions have been discharged by both the parties.
8. In view of settled the dispute and have complied the same by both the parties and to that effect filed the joint memo, the complaint is liable to be dismissed as full satisfaction of the claim.
9. In the result:- The complaint is dismissed as full satisfaction of the claim. No costs.
