DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 14^th day of August, 2009.

Present : Smt. H. Seena, President

: Smt. Preetha.G. Nair (Member)

: Smt. Bhanumathi.A.K. (Member)

C.C.No.18/2007

Jalaludheen

S/o. Arukutty Rawther

8/604 Ayyappankavu

Kadamkode

Karingarapully

Palakkad. - Complainant

(Adv. A. Haridas)

V/s

Secretary

The Palakkad Service Co-operative Bank

Kalleppully Branch

Palakkad. - Opposite Party

(Adv.P.B. Menon & M. Jayaraj)

O R D E R

By Smt. Preetha.G. Nair, Member

The complainant has deposited one lakh rupees for 91 days on 12.10.2002 as per Fixed Deposit No.4459 and on 17.01.2003 he had redeposited for 91 days. On 26.06.2003 as per three Fixed Deposits receipt Nos 5162,5163, 5164 the complainant deposited Rs.30,000/-, Rs.40,000/- and Rs.30,000/- respectively. Thereafter complainant transferred the whole amount to SB Account No.959 of same Bank. On 11/11/2002, a fixed deposit for an amount of Rs.84,000/- together with its interest and a sum of Rs.13,600/- was deposite d with the opposite party. Complainant applied for getting fixed deposit certificate for One lakh rupees deposited on 11.11.2002. The Opposite Party Bank failed to hand over the same to the complainant. Complainant was asked to come and collect the certificate at a convenient time. Though the complainant demanded the certificate, the Opposite Party Bank has failed to give the fixed deposit certificate till date. A lawyer notice dated 30/11/06 was issued to the opposite party bank . But the Opposite party has not sent any reply notice. Hence the complainant filed this complaint for seeking an order directing the Opposite party to issue the fixed deposit certificate for Rs.one lakh rupees and future interest @ 12% per annum till the date of realization.

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The opposite party filed version stating the following contentions. The Opposite Party Bank admitted that the complainant was a customer of opposite party and maintains a Savings Bank Account. The Opposite party totally denied the say of the complainant that he filed an application for issuing Fixed Deposit certificate of one lakh rupees on 11.11.2002. The complainant has not given Fixed Deposit certificate of Rs.82,000/- and chalan receipt of Rs.13,000/- with the opposite party. Since no such amount was deposited Opposite party has not issued any Fixed Deposit certificate. Anytime a customer deposit an amount, the usual practice of the Bank is to issue a challan receipt. Thereafter the complainant transferred the Fixed Deposit amount to SB account on 28.08.2003. At that time there was not any dispute regarding the deposit made on 11/11/2002. According to Opposite party, there is no deficiency in service on the part of opposite party.

Complainant filed affidavit and documents. Exhibit A1 marked. Opposite party also filed chief affidavit along with documents. Exhibit B1 to B12 marked. Matter was heard.

Issues to be considered are:

1. Whether there is any deficiency of service on the part of opposite party?

2. If so, what is the relief and cost?

Points 1 & 2

The only question to be decided is whether the complainant has deposited an amount of Rs.1 lakh as fixed deposit in the opposite party bank on 11/11/02 and whether he is entitled for the certificate of the same. The say of the complainant is that on 11/11/02, Fixed Deposit for Rs.82,000/- together with its interest and an amount f Rs.13,600/- was deposited with the opposite party bank. The total amount comes to Rs.1 lakh. Complainant claimed Fixed Deposit certificate for the said amount and it was not issued by the opposite party. Subsequent to the alleged transaction many other fixed deposits were made by the complainant and there is no dispute regarding any of the them. As per the order in the I.A filed by the complainant, opposite party produced the relevant available documents with the bank viz. Fixed Deposit receipts issued and statement of accounts of the complainant

during the relevant period. None of the documents reveals the fact that complainant has deposited an amount of Rs.1 lakh as fixed deposit in the opposite party bank. Complainant itself seems to be a vague one. We are of the view that complainant miserably failed to prove a case in his favour.

Hence complaint dismissed.

Pronounced in the open court on this the 14^th day of August, 2009.

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

APPENDIX

Witness examined on the side of Complainant

Nil

Witness examined on the side of Opposite party

Nil

Exhibits marked on the side of the complainant

1. Ext. A1 series – Lawyer notice copy dated 30.11.2006

Exhibits marked on the side of the Opposite Party

1. Ext. B1 - Attested copy of cheque for Rs. 1 Lakh of the Palght Service Co.op Bank Ltd dtd 12.10.02

2. Ext. B2 – Attested copy of Fixed Deposit receipt No.4459 dated 12.10.2002 for Rs.1,00,000/- of the Palghat Service Co. Op Bank Ltd

3. Ext. B3 – Attested copy Fixed Deposit receipt No.4736 dated 17.01.2003 for Rs.1,00,000/- of the Palghat Service Co. Op Bank Ltd

4. Ext. B4 – Letter to the Manger dated 28.08.2003

5. Ext. B5 – Attested copy of Fixed Deposit receipt No.4978 dated 26.06.2003 for Rs.30,000/- of the Palghat Service Co. Op Bank Ltd

6. Ext. B6 –Attested copy of Fixed Deposit receipt No.4979 dated 26.06.2003 for Rs.30,000/- of the Palghat Service Co. Op Bank Ltd

7. Ext. B 7 – Attested copy of Fixed Deposit receipt No.4980 dated 26.06.2003 for

Rs.40,000/- of the Palghat Service Co. Op Bank Ltd

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8. Ext. B8 – Attested copy of Fixed Deposit No.5196 dated 11.07.2003 for Rs.25,000/- of

   the Palghat Service Co. Op Bank Ltd

9. Ext. B9 – Attested copy of Fixed Deposit No.5197 dated 11.07.2003 for Rs.25,000/- of the Palghat Service Co. Op Bank Ltd

10. Ext. B10. - Attested copy of Withdrawal of Call Deposit notice issue dated 28.08.2003 from The Secretary Palakkad Service Co-op Bank Ltd, Palakkad

11. Ext. B11 -Attested copy of Call Deposit receipt No.2653 dated 11.09.2000 for Rs.80,000/- of the Palghat Service Co. Op Bank Ltd

12. Ext. B12 – Copy of Bank transaction

Forums Exhibits

Nil

Forwarded/By Order

Senior Superintendent