Date of filing:14-06-2013
Date of Disposal: 12-02-2014
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: ANANTHAPURAMU
PRESENT:- Sri S.Niranjan Babu, B.A.,B.L., President (FAC).
Smt.M.Sreelatha, B.A., B.L., Lady Member
Wednesday, the 12th day of February, 2014
C.C.NO.57/2013
Between:
C.Manohar
S/o Chintha Lingaiah
D.No.13-1-967,
Revenue Colony,
Ananthapuramu. …. Complainant
Vs.
The Manager
The Uravakonda Co-operative
Town Bank Ltd.,D.No.642,
Uravakonda,
Ananthapuramu District. … Opposite party
This case coming on this day for final hearing before us in the presence of Sri P.Prabhakar Reddy, Advocate for the complainant and the opposite party is called absent and set-exparte and after perusing the material papers on record and after hearing the arguments of the complainant’s side, the Forum delivered the following:
O R D E R
Sri S.Niranjan Babu, President (FAC):- This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the opposite party claiming a sum of Rs.2,39,311/- towards F.D.R. amounts alongwith interest and towards mental agony and costs.
2. The brief facts of the complaint are that :- The complainant’s father by name Chintha Lingaiah S/o Sanjappa during his life time made Fixed Deposits with the opposite party-Bank. The particulars of the Fixed Deposits are as follows:-
1. F.D.R.No.11305 dt.02-12-2012 for Rs.50,000/-
2. F.D.R.No.11306 dt.02-12-2012 for Rs.50,000/-
for a period of 13 months by nominating the complainant as nominee.
3. Another two Fixed Deposits bearing Nos.11389 and 11390 dt.08-05-2012 for a sum of Rs.50,000/- each jointly, which can be encashed on maturity either or by the survivor.
4. Subsequently the said Chintha Lingaiah died on 15-01-2013. After the death of the complainant’s father, the complainant approached the opposite party and requested to pay the amounts covered under the first two Fixed Deposits as he is the nominee for the said deposits. Then the opposite party agreed to pay the amounts covered under two Fixed Deposit Receipts but went on postponing the same on one pretext or the other for the reasons best known to them.
5. The complainant being nominee and the survivor, the opposite party is bound to pay the matured amounts on the first two Fixed Deposit Receipts and also pay the amounts of the rest of the two Fixed Deposit Receipts as he is the lone survivor. Further the repeated requests made by the complainant proved futile. Hence, the complainant filed this complaint against the opposite party claiming the maturity amounts alongwith interest as per the terms and conditions of the Fixed Deposits alongwith costs and mental agony for non-payment of the deposit amounts.
6. The opposite party is called absent and set-exparte.
7. Basing on the above pleadings, the points that arise for consideration are:-
1. Whether there is deficiency of service on the part of the opposite party?
2. To what relief?
8. In order to prove the case of the complainant, the complaint has filed evidence on affidavit on his behalf and marked Ex.A1 to A5 documents.
9. POINT NO.1:- The counsel for the complainant argued that as per the Fixed Deposit Receipt Nos.11305 and 11306 dt.02-12-2012 for Rs.50,000/- each , it is clearly mentioned that the complainant is a nominee and the date of maturity is 02-03-2013. Further the other two Fixed Deposit Receipt Nos.11389 and 11390 dt.08-05-2012 for Rs.50,000/- each, it is clearly mentioned that the deposits can be withdrawn either or the survivor. The counsel for the complainant argued that subsequent to the death of the complainant’s father, the complainant went to the opposite party to withdraw the matured Fixed Deposit Receipt bearing Nos.11305 and 11306 and also to withdraw the Fixed Deposit Receipt Nos.11389 and 11390, though the Fixed Deposit Receipt Nos.11389 & 11390 are premature when the complainant first contacted the opposite party, the opposite party has postponed for withdrawal on some flimsy grounds.
10. The counsel for the complainant argued that when the Fixed Deposit Receipt Nos.11305 and 11306 were matured on 02-03-2013 for which the complainant is nominee, the opposite party cannot keep pending the F.D.R. amounts. Further the other two Fixed Deposit Receipt bearing Nos.11389 & 11390 though due date for them is 08-06-2014, the complainant can withdraw the said deposits as there is a clear mention on the said Fixed Deposit Receipts that either or the survivor is eligible to withdraw the amounts. The counsel for the complainant argued that the opposite party has withhold the matured Fixed Deposit Receipt amounts and also premature withdrawal of the subsequent Fixed Deposit Receipts without any proper reasons, which is nothing but deficiency of service on the part of the opposite party. Hence the opposite party is liable to pay to the complainant as per the request made by the complainant alongwith interest.
11. After hearing the arguments and perusing the documents, there is no dispute with regard to the nominee as it is clearly mentioned on the Fixed Deposit Receipts that the complainant is the nominee for the Fixed Deposit Receipt Nos.11305 and 11306 and their maturity date is 02-03-2013. It is the duty of the opposite party to permit the complainant to withdraw the said two Fixed Deposit amounts alongwith interest when the said deposit receipts were presented to the opposite party. Further the other two Fixed Deposit Receipt Nos.11389 & 11390 dt.08-05-2012 which are going to be matured on 08-06-2014 is also withdrawable by the complainant as the said two Fixed Deposit Receipts are deposited jointly by Chintha Lingaiah and his son Chintha Manohar (complainant) with a condition that either or survivor can withdraw the said amounts as per the conditions of the opposite party. But in the instant case, the opposite party did not allow the complainant to withdraw the matured Fixed Deposit Receipt bearing Nos.11305 and 11306 for which he is a nominee and legally entitled to withdraw after maturity. This shows that there is clear negligence on the part of the opposite party, which is deficiency of service. Further the other two Fixed Deposit Receipt Nos.11389 and 11390 though their due date is 08-06-2014 the depositor is at liberty to withdraw the amounts pre-maturely as he is a lone survivor after the death of his father because it is a joint deposit.
12. In the above circumstances, we are of the view that the opposite party has committed deficiency of service by not allowing the complainant to withdraw the Fixed Deposit Receipt amounts and caused inconvenience to the complainant for which the opposite party is liable.
13. POINT NO.2:- In the result, the complaint is allowed by directing the opposite party to pay a sum of Rs.1,00,000/- alongwith interest towards Fixed Deposit Receipt Nos.11305 & 11306 till the date of realization as per the interest mentioned in the Fixed Deposit Receipts, further the opposite party is also directed to pay a sum of Rs.1,00,000/- alongwith interest towards Fixed Deposit Receipt Nos.11389 & 11390 as per the rate of interest mentioned in the Fixed Deposit Receipts and further the opposite party is directed to pay a sum of Rs.2,000/- towards mental agony and Rs.1,000/- towards costs of the complaint within one month from the date of this order; failing which the interest shall be paid @ 12% p.a. on the said amounts of Rs.2,00,000/-.
Dictated to Steno, transcribed by him, corrected and pronounced by us in open Forum this the 12th day of February, 2014.
Sd/- Sd/-
LADY MEMBER, PRESIDENT(FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU ANANTHAPURAM
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT: ON BEHALF OF THE OPPOSITE PARTY
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
Ex.A1 - Original F.D.R.bearing No.11305 dt.02-02-2012 for Rs.50,000/- issued by the
Opposite party.
Ex.A2 - Original F.D.R.bearing No.11306 dt.02-02-2012 for Rs.50,000/- issued by the
Opposite party.
Ex.A3 - Original F.D.R.bearing No.11389 dt.08-05-2012 for Rs.50,000/- issued by the
Opposite party.
Ex.A4 - Original F.D.R.bearing No.110390 dt.08-05-2012 for Rs.50,000/- issued by the
Opposite party.
Ex.A5 - Original Death Certificate relating to Chintha Lingaiah issued by the Panchayat
Secretary, Gram Panchayat, Uravakonda, Ananthapuram District.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE EPARTY
-NIL-
Sd/- Sd/-
LADY MEMBER, PRESIDENT(FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU ANANTHAPURAM
