- (1.) PRESIDING Member These two appeals arise out of order dated 27.4.2009 passed by the District Consumer Forum (DCF), Sri Ganganagar whereby while allowing the complaints directed the Appellant Bank to make the payment of Rs. 1,00,000 to each Complainant and to pay interest @ 10% per annum from 27.6.2007 till the date of payment and further to pay Rs. 3,000 towards compensation and cost of litigation.
(2.) THE Complainant Harnath Singh alleged in his complaint that he had deposited Rs. 1,00,000 under 'Kuber Yojana Deposit Scheme' which carried interest @ 10% per annum. For that FDR bearing No. 348567 dated 27.6.2007 was issued which was to mature on 27.6.2008 withmaturityvalueofRs. 1,10,000. On4.10.2007, he came to know through the newspaper that Shri Rajesh Biyani of the Appellant Bank had committed embezzlement of lac of rupees and when he went to the Bank for encashment of FDR, the payment was not made. The averments of the Appellant Bank is that the amount of Rs. 1,00,000 was never deposited by the Complainant with the Appellant Bank and therefore there was no question for making any payment to him.
(3.) THE learned DCF relying upon the FDR dated 27.6.2007 allowed the complaint and passed order as indicated above. The learned Counsel for the Appellant vehemently argued that it was a case in which the Complainant himself was hand in gloves with the sacked had Cashier Shri Biyani and got the aforesaid FDR without making any payment to the Bank and therefore on the basis of this FDR, the Bank was not obliged to make the payment. The learned Counsel relied upon the judgment of the HonTsle Supreme Court given in the case of Bank of India V/s. Smt. Shyama Devi, 1978 3 SCC 399.;