Karnataka

Chamrajnagar

CC/211/2010

Subbamma - Complainant(s)

Versus

The Manager - Opp.Party(s)

Mr.M.C.S.

12 Oct 2011

ORDER

ORDER

1. The  complainant has brought this complaint before this Forum alleging deficiency of service by the O.P.

 

1. The case of the complaint in brief are that on 02/09/2003 she has deposited Rs.5,000/- with the O.P.bank. The O.P. bank assured to repay the said amount along with interest of  14.8% p.a.

 

1. The fixed deposit matured on 03/06/2010 and in spite of asking the bank several times, it has not returned the deposit amount along with interest. The notice also been issued and in spite of it they have not returned the deposit.

 

1.  The notice sent has  been served and have remained absent.

 

1. The following points arises for consideration.
   1. Whether the complainant shows that there is deficiency in service by the O.P.?
   2. What  order the parties are entitled?

 

1. The findings for the following points are that

Point No.1: Affirmative.

Point No.2: As per order.

REASONS

1. POINT NO.1:- The admitted  facts are that the complainant has deposited Rs.5,000/- with the O.P. bank on 02/09/2003 as fixed deposit and it was  to mature on 03/06/2010. The O.P. had agreed to pay interest at 14.8% p.a. 

 

1. The dispute between the parties is that the complainant says she  met  several times manager of O.P. and requested him to repay  the amount deposited  along with interest at 14.8% p.a.  and O.P. has not repaid the amount.

 

1. The affidavit of the complainant shows that after  the maturity date she  approached the O.P. and requested them to repay her deposit amount along with interest and the same has not been repaid. She has further stated that the notice issued through her advocate has not been claimed by the O.P. which  only  shows that the O.P. had knew  the contents of the legal notice.

 

1. The version of the complaint is probabalised by the fact that the deposit was  matured on 03/06/2010 and further the notice has been refused  by the Manager of the O.P. it would only shows that the O.P. was not willing to repay the amount to the complainant along with accrued interest.  It has to be further appreciated that no person would venture to file the complaint before the Forum if O.P. had not refused to repay the amount  deposited by him.

 

1. Considering the above, it could  stated that there is deficiency of service by O.P. in not repaying the fixed deposit amount of the complainant.

 

1. The complainant has deposited his life earnings with the O.P. with the fond hope  of interest at 14.8%p.a.  The non-payment of amount necessarily resulted  in mental agony to the complainant and  is entitled for the sufferings she has  undergone from the hands of the O.P. and therefore she is entitled for compensation an account of mental agony which she has suffered.

 

1. In view of the following

 

ORDER

The Petition is allowed in part.

1. The O.P. shall return fixed deposit amount of Rs.5,000/- along with 14.8%p.a. interest from the date of deposit  till return of the fixed deposit amount.
2. The complainant is entitled for cost of the proceeding of Rs.500/-.
3. The complainant is also entitled for Rs.1,000/- towards mental agony.