Date of Filing : 08.03.2012

  Date of Order : 23.04.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 23^rd APRIL 2012

PRESENT

Sri. H.V. RAMACHANDRA RAO, B.Sc., BL,   …….                PRESIDENT

Sri. T.NAGARAJA, B.Sc., LLB.                        ……..     MEMBER

Smt. K.G.SHANTALA, B.A., LLB.                    ……..     MEMBER

CC No. 41 / 2012

M. Ganesh,

S/o. Munishamappa,

R/o. Gadde Kannur Road,

Gandhinagar,

Kolar.

(By Sri. M. Arunkumar, Adv.)                                 ……. Complainant

V/s.

The Manager,

State Bank of India,

Kolar Branch,

Kolar.

(By Sri. Sama Rangappa, Adv.)                             …… Opposite Party

ORDER

By Sri. H.V. RAMACHANDRA RAO, PRESIDENT

The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OP to pay to the Complainant Rs.46,355/- with interest @ 18% P.A. are necessary:

The Complainant had deposited Rs.30,000/- on 11.06.2010 with the OP for a period of 3 months.  It was matured on 10.09.2010.  OP failed to pay the maturity value in spite of repeated requests, demands and notice dtd. 05.01.2011.  Hence the Complaint.

2.       OP engaged the service of an Advocate and today filed Memo with Letter dtd. 18.04.2012 of the OP which reads thus:

We regret the delay in payment of fixed deposit as the deposit was marked lien for issue of SBI Credit Card by Credit card division.  Now, we have received a direction from the SBI Credit card Ltd., that the deposit may be released as no lien exists over the deposit. Hence, the bank is ready to pay the deposit with interest as per norms of the bank.

3.       We have heard both the parties.

4.       The points that arise for our consideration are:

          (A)     Whether there is deficiency in service ?

          (B)     What order ?

5.       Our findings are:

          (A)     Positive

          (B)     As per detailed order for the following reasons

REASONS

6.       Reading the pleadings in conjunction with the documents and Memo of OP, it is an admitted fact that the Complainant had deposited Rs.30,000/- with the OP on 11.06.2010 on which OP agreed to pay with interest @ 4.75% P.A. and maturity value was Rs.30,355/- and the maturity date is on 10.09.2010.  As on the date of maturity, OP failed to pay the same.  Complainant has issued notice to the OP on 05.01.2012.  In spite of that, OP failed to pay the same.  This is nothing but deficiency in service.  Complainant claims legal notice charges of Rs.1,000/-, loss of mental & physical agony Rs.5,000/- and compensation for the negligence Rs.10,000/-  There is no material to substantiate the same.  Anyway, OP is bound to return the money with certain interest and costs.  Hence, we hold the point accordingly and pass the following order:     

ORDER

1.       Complaint is allowed in part.

2.       OP is directed to pay Rs.30,355/- together with interest thereon @ 12% P.A. from 10.09.2010 until payment to the Complainant within 30 days from today.

3.       OP is also directed to pay Rs.2,000/- as costs of this litigation to the Complainant.

4.       OP is directed to send the amount to the Complainant by Demand Draft through RPAD as ordered at (2) & (3) above and submit to this Forum the compliance report with necessary documents within 45 days.

5.       Send copy of the Order to the parties concerned free of cost.

6.       Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 23^rd day of April 2012)

T. NAGARAJA          K.G.SHANTALA           H.V.RAMACHANDRA RAO

    Member                         Member                                       President